Opponents of Tower Theatre sale win a court victory, attorney says. Here’s what it means
The opponents of the sale of Fresno’s Tower Theatre got a significant court ruling on Friday, according to the attorney of the Tower District business blocking the sale to a church.
The state Fifth District Court of Appeal ruled partially in favor of Sequoia Brewery owners J&A Mash and Barrel, saying the lower court threw out the lawsuit without giving Sequoia a chance to argue in trial.
That’s significant because it makes it unlikely for a title company to try to handle another sale, according to Kimberly Mayhew, the attorney for Sequoia.
“As a recorded document, the lis pendens (or pending legal action) also puts all other potential buyers on notice that if they try to buy the property, they will be buying a lawsuit,” she said.
Tower Theatre sale
Theater owner Laurence Abbate has signaled he would pull the Tower Theatre off the market and not sell to Adventure Community Church, according to a legal filing from April 6. The sale has been controversial.
He would consider alternative plans for the 81-year-old theater and other properties around it, but the plans remain unclear. The owner’s attorney, David Camenson, could not be immediately reached for comment.
The appellate court did not grant an injunction to halt on the sale to the church in its order on Friday, but Mayhew said that may be because of Abbate’s court filing about ending the sale to Adventure Church.
If another sale were planned, Sequoia could take the case to trial, Mayhew said.
The Sequoia owners has maintained they have to first right to refuse a sale of the property. The court order did not rule on that factor in its filing.
“However, going forward, our position on any attempted sale — to church or anyone else — is that it must be preliminarily enjoined because we have the exclusive right to buy the property,” Mayhew said.
Sequoia’s owners have inquired on purchasing the entire property and have the money to do it, but have only heard “radio silence,” according to Mayhew.
She said the next move is in the hands of Abbate, who has not responded to the Bee for requests for comment.
Appearing on KMJ talk radio on Thursday, Abbate said he still intends to sell the theater to Adventure Church.
Adventure Church
Adventure Church pastor the Rev. Anthony Flores said in an Instagram video that the ruling was in the church’s favor.
He noted the pending legal action notice, called a les pendens, remains over the sale. He said attorneys will file to have that removed.
“Very confident that is going to come off,” he said.
Tower District community angered
Earlier in the week, advocates for Tower District arts and businesses called for Abbate to sell the theater, saying they’d lost faith that he had the community’s best interests in mind.
There have been 15 weeks of protests outside the theater from opponents of the sale. The gatherings had been peaceful until terrorist groups like the Proud Boys started holding counter protests in which they hurl hateful language, according to opponents of the sale.
Opponents have also argued a sale to a church or any owner that would require a rezoning of the building goes against the 30-year-old Tower District Specific Plan.
This story was originally published April 23, 2021 at 1:23 PM.
