Fresno County judge denies city’s request to enter Tower Theatre. But Fresno has options
A Fresno County judge did not give the city of Fresno permission to enter Tower Theatre for appraisal purposes, but gave the city the opportunity on Thursday to resubmit its request.
Attorneys representing the city did not identify the correct owner of Tower Theatre in court documents nor were the tenants in certain buildings on the property served with a petition, according to a tentative ruling from Judge D. Tyler Tharpe.
The city also has not shown enough evidence to support the request to go forward with the appraisal, the judge wrote. He did say the city could make amendments and resubmit the court filings.
The city of Fresno in May filed for a court order to be allowed to enter the 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.”
The owner of Tower Theatre, Laurence Abbate, has not allowed the city to enter, according to the court filing.
The judge’s decision was the latest in legal battles over the future of the 81-year-old theater and other properties around it.
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.
A Fresno County judge agreed Wednesday 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.
