Fresno judge removes obstacles blocking the sale of the Tower Theatre
A Fresno County judge has agreed to lift a legal warning that was delaying the possible sale of the Tower Theatre, saying it was doubtful the notice could be legally justified.
The owner of Sequoia Brewing Company, J&A Mash and Barrel, has tried to stop the proposed sale of the landmark Tower District theater to potential buyers, including Adventure Community Church.
Lawyers for the brewery and restaurant said their clients had a right of first refusal when it came to the sale of the theater.
To try and stop the sale, Sequoia’s owner filed what is known as a lis pendens with the Fresno County Recorder. The lis pendens serves as notice to anyone interested in buying the property that legal action is pending against it.
The owner of the Tower Theatre challenged the tactic in court and Judge Rosemary McGuire ruled in the owner’s favor. She issued a tentative ruling on June 15, expunging the notice.
On Wednesday, she made her tentative ruling a final ruling. In her written decision, McGuire pointed out that the brewery’s owners failed to notify all of the parties with interest in the property of the lis pendens, making the notice void.
She also found that Sequoia’s owner had not met its burden of showing that its real property claims were valid.
“Plaintiff contends that it has a reasonable likelihood of prevailing on the merits of its claims because defendant violated the terms of the lease when it entered into the sale contract with the church without first giving plaintiff an opportunity to purchase the parcel,” McGuire wrote. “However, the defendant has presented evidence that it did give plaintiff notice and an opportunity to purchase the parcel for the price of approximately $1.2 million.”
Tower Theatre owner Laurence Abbate declined to comment on the judge’s decision Wednesday. And an attorney representing the theater could not be reached for comment.
McGuire also said that the plaintiff had not presented any evidence that offered the price was not fair or reasonable.
“Plaintiff has also failed to show that it would even be able to purchase the property given the chance to do so,” McGuire wrote.
Still unresolved in the saga of the sale of the theater is whether the city may take over the building. It has filed a request with the court to be allowed in the building for an inspection for the purpose of appraising its value. That case is pending.
The disagreement over who will own the Tower Theatre has led to Sunday morning protests.
