Granite Park sports complex in Fresno could return to city control after court ruling
The embattled Granite Park sports complex could return to the city of Fresno after a favorable pretrial motion in courtroom on Friday.
The nonprofit Central Valley Community Sports Foundation has run the city-owned park on Cedar Avenue in central Fresno under a lease with the city since 2015. The relationship went sour in 2018, when the city attempted to evict CVCSF.
The case was headed to trial June 1. Fresno County Superior Court Judge Jon Skiles made several rulings Friday interpreting the lease in the city’s favor. He found that CVCSF breached the contract by not sharing revenue from a digital billboard on the property and failed to carry proper insurance to protect the city.
“Based on the interpretations made today, the parties acknowledged the trial will likely result in a finding that CVCSF breached at least one of the lease covenants,” said Paul Armo, a CVCSF attorney.
As a time-saving measure, the parties agreed Skiles’ rulings amounted to a win for the city.
The breach means the city can resume control of the park. Attorneys for CVCSF said they would appeal Skiles’ rulings.
“I’m pleased the judge validated the City’s position that CVCSF violated its lease,” said Fresno City Manager Georgeanne White said in a news release. “I look forward to moving on from this saga and ensuring that Granite Park is a resource for our residents.”
CVCSF, operated by developer and philanthropist Terance Frazier, will continue operating the park, which includes youth baseball, softball and soccer fields, through at least June 12. That’s when Skiles is scheduled to hear a motion to stay the ruling while the nonprofit appeals.
“Granite Park has always been bigger than a lease dispute,” said Frazier, who called the news difficult and disappointing. “This park has been about creating opportunities, mentorship, and safe spaces for kids and families throughout the Valley,” Frazier said.
If the appeal court rules in CVCSF’s favor, the case would resume heading to trial.
Third eviction attempt by city
The original lease agreement allowed Frazier’s nonprofit to operate the sports park in what had been a weed-infested area. When Frazier asked the city in 2018 to double its subsidy to $300,000, the city responded with an audit.
The audit found financial irregularities. TJ Cox, who partnered with Frazier in the nonprofit and was later elected to one term in Congress, was eventually charged with fraud, in part because of Granite Park.
Cox pleaded guilty to one count of wire fraud. A federal judge sentenced him last December to one year and one day in prison. He is expected to begin his term soon.
Frazier called the audit unfair and illegal. He sued in federal court; the case is awaiting a ruling on the city’s motion to dismiss.
The city has attempted to evict Frazier three times in the past two years. A judge found the city failed to file proper paperwork and ruled for CVCSF on technical grounds. The second time, a major lender to CVCSF moved to intervene, and the city dropped the eviction proceedings.
The third attempt may be the charm for the city, if Skiles denies the motion to stay the ruling.
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