Judge grants Fresno city workers access to Tower Theatre. Here’s what they can do
A Fresno County judge has granted the city of Fresno access to the Tower Theatre to conduct an inspection, according to a tentative court ruling made public Tuesday.
The owner of the theater must make it available within the next 30 days, according to the ruling written by Judge D. Tyler Tharpe.
The inspection of the inside and outside could be used to assess its market value. “The purpose of the entry is to assess whether the historical components are being adequately preserved, complete an appraisal, and to engage in similar activities reasonably related to the appraisal,” the ruling says.
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. That was initially denied by the court because of some errors in the paperwork.
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.
Fresno 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 theater has been at the center of legal battles this year. 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 in July 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 church meets in the theater on Sundays and has been the site of weekly protests against the church and the potential sale.
This story was originally published October 12, 2021 at 4:29 PM.
