Church added to complaint against sale of Tower Theatre in Fresno. Hearing next week

Last week, Sequoia Brewing Company filed a complaint against the owner of the Tower Theatre, looking to halt the sale of the iconic landmark to a Fresno church.

This week, the Sequoia’s lawyers amended the complaint to include Adventure Church, based on “tortious interference with contract.”

The brewing company, a tenant in the Tower Theatre complex, claims it wasn’t notified of the impending sale, which was made public in early January.

The sale was already in escrow at the time, which, according to the complaint, was in breach of the brewery’s lease. That contract stipulated Sequoia be notified of any sale within 12 days and also offered the right of first refusal to purchase the building.

In adding to the complaint, Sequoia lawyers claim Adventure Church knew about the contract and that its actions kept the contract from being fulfilled.

The complaint seeks a temporary restraining order that would stop the sale until the brewery’s right to first refusal can be determined and enforced, according to Kimberly Mayhew, a lawyer representing the brewery’s owners. A hearing is scheduled for Feb. 24.

Is the Tower Theatre sale still in escrow?

Escrow on the sale was reportedly expected to close Monday. It doesn’t appear that happened, though messages to the lawyer representing the theater’s owner were not immediately returned.

The sale was almost immediately opposed by businesses and residents of the Tower District, who fear it would affect the vibe and spirit of the neighborhood known for bars and nightlife and its embrace of the LGBT community. The city has said the church cannot hold services in the theater under current zoning codes.

More than 2,100 people have signed an open letter opposing any potential rezone.

More than 5,000 have signed a petition on change.org. A petition in support of Adventure Church has just over 2,000 signatures.

The Save the Tower Theatre campaign got a boost last week when comedian Sarah Silverman tweeted her thoughts on the sale. That was followed by actress (and Fresno native) Audra McDonald who tweeted in support of saving the theater. She later donated $1,000 to a legal fund created to help fight the sale.

The fund has collected nearly $35,000.