Fresno seeks court order to enter Tower Theatre amid growing legal disputes over sale
The city of Fresno on Friday filed for a court order to be allowed to enter Tower Theatre and appraise it as a historical landmark, according to records.
The theater was granted national historical status in 1992 by the National Parks Service, the court records say, and the city passed its Historic Preservation Ordinance in 1999.
The city leaders argue the historical status gives the city the power to review the building to “preserve, promote and improve the historic resources and districts of the city of Fresno for educational, cultural, economic and general welfare of the public.”
Councilmember Esmeralda Soria, whose district includes the theater, said city leaders are weighing their options as it is related to the theater. She declined to be specific about potential options.
“I remain committed to ensuring the Tower Theater continues to be preserved as a national historic icon. To that goal, the city is taking steps for historic preservation and has commenced an appraisal of the Tower Theatre,” she said. “Once the appraisal is complete, it will be presented to the city council to consider options for the historic preservation of the Tower Theater.”
The court filing is a petition to enter the building for appraisal and is not a lawsuit, Soria stressed.
How the appraisal could affect the sale of the building was not immediately clear.
The owner of Tower Theatre, Laurence Abbate, has not allowed the city to enter, according to the court filing. His attorney, David Camenson, was not immediately available for comment.
The filing from the city is just the latest in legal battles over the future of the 81-year-old theater and other properties around it.
The state Fifth District Court of Appeal ruled in April partially in favor of Sequoia Brewery owners J&A Mash and Barrel, which filed a lawsuit to block the sale of the theater to Adventure Community Church.
The appellate court said the lower court threw out Sequoia’s lawsuit without giving attorneys 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.
Sequoia’s owners have argued their contract gives them first shot at buying their property as well as Tower Theater before the landlord can sell it.
In April, 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. But, they also said the buyer should be someone the community can trust.
There have been close to 20 weeks of protests outside the theater from opponents of the sale. The gatherings had been peaceful until 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.
