Fresno judge halts sale of Tower Theatre again. It may be temporary
The sale of the Tower Theatre is once again on hold after an appeals court judge granted a temporary stay, a Fresno attorney said on Tuesday.
The attorney for Sequoia Brewing, which has protested the sale, filed an appeal on Friday in an attempt to stop the sale of the theater to Adventure Community Church.
The state Fifth District Court of Appeal in Fresno halted the sale in order to allow for further arguments and a potential hearing in about two weeks, according to Kimberly Mayhew, Sequoia’s attorney.
Fresno County Superior Court Judge Rosemary T. McGuire denied an injunction on March 18, clearing way for the sale, which was set to be finalized on Wednesday.
Theater owner Laurence Abbate has not commented publicly on the sale. His attorney, Dave Camenson, was not immediately available for comment on Tuesday.
The 81-year-old namesake of the Tower District has been the site of weekly protests every Sunday since the potential sale became public. Along with Tower Theatre, the church is looking to buy surrounding properties in the same parcel including Sequoia.
Brewery owners J&A Mash and Barrel argue their contract gives the first right of refusal of a sale and the option to buy their building before an outside buyer, according to their complaint.
The theater owner offered to sell the Sequoia piece of the larger property to the owners for about $1.2 million, according to his attorney.
Sequoia’s attorney argued in court that her clients needed to see the appraisal of the whole property before they could decide if that price was fair. In her ruling, McGuire wrote that Sequoia’s attorney did not show evidence that the price was unfair nor that the Sequoia’s owners had the means to buy the property.
The 700-plus-seat Tower Theatre on Olive and Wishon avenues was the city’s first suburban cinema, built in 1939. It is the landmark of the Tower District, which is now known for its nightlife, artsy community and progressive politics.
Business owners and Tower advocates have openly worried that the church could damper the area’s character or even hurt business. They point to the Tower District’s historical support for the LGBTQ+ community and the potential conflict of setting up a church that touts its traditional beliefs.
No matter how the sale shakes out, the church faces a bureaucratic obstacle if it wants to rezone the building as a church, city leaders have said.
This story was originally published March 30, 2021 at 12:00 PM.
