Fresno’s Tower Theatre to be taken off market, court filing says. Sale to church uncertain?
The attorney for the landlord of Tower Theatre has signaled the sale of the historic landmark will not go through as planned, but the next step remains unclear.
The filing in Fifth District Court of Appeal said the March 31 deadline to finalize the sale had passed and owner Laurence Abbate would withdraw the theater from the market.
The owner would consider alternative plans for the 81-year-old theater and other properties around it, but the plans remained unclear on Wednesday. The owner’s attorney, David Camenson, could not be immediately reached for comment.
The potential sale to Adventure Community Church has been controversial since first becoming public in January. The owners of Sequoia Brewing filed a lawsuit claiming the sale violated its leasing contract.
Questions remained open Wednesday about the filing from Tower Theatre’s attorney, according to Kimberly Mayhew, an attorney representing Sequoia.
“The landlord’s attorney has represented to the court that the sale to the church will not take place because the sale could not be completed by March 31, but the landlord would not disclose its intent with regard to selling the parcel, or leasing it to the church,” she said on Wednesday.
The sale of the theater was OK’d by a Fresno judge in March before being placed on hold by an appellate court judge last week.
Sequoia’s attorney is due to submit further arguments to the appellate court by Tuesday. The judge could issue a ruling or require a hearing. It’s unclear what the latest filing does to that timeline.
Church controversy
Business owners and Tower advocates have openly worried allowing the church to buy the building could dampen the area’s character and be bad for 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, which include refusing to conduct same sex marriage ceremonies or ordain ministers who are not heterosexual.
The Tower District has been the site of weekly protests every Sunday since the potential sale became known by the public. Along with Tower Theatre, the church is looking to buy surrounding properties in the same parcel including Sequoia.
Sequoia brewery owners J&A Mash and Barrel argue their contract gives them first right of refusal of a sale and the option to buy the building before an outside buyer, according to their complaint.
The theater owner offered to sell the Sequoia owners a 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.
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.
This story was originally published April 7, 2021 at 10:07 AM.
