Nonprofit still running Granite Park as eviction process plays out. Fireworks show in doubt
Despite a judge’s ruling last week returning the Granite Park Sports Complex to the city of Fresno, the city has not taken possession, City Manager Georgeanne White confirmed.
The city attempted to evict nonprofit Central Valley Community Sports Foundation and received a favorable ruling. But CVCSF is still in control as the process plays out, including an appeal, said Terance Frazier, president of the CVCSF.
”They’re not giving the citizens a clear picture of what they’re going to do, which concerns me and everyone as taxpayers,” Frazier said.
Fresno County Superior Court Judge Jonathan Skiles upheld his interpretation that CVCSF breached its lease for the park with the city. He ordered that the nonprofit return use of the park to the city. At the time, the parties said they would work out a plan for the handover.
White said the formal eviction process has started. She expects the court to issue the paperwork soon.
“Once that is received, the sheriff’s office will post the notice, and the tenant will have five business days to vacate the property,” White said.
Paul Armo, CVCSF attorney, estimates the process could take three to four weeks.
Frazier said the park will operate as normal, including charging spectator admission. During budget hearings, White said the city would discontinue the admission charge as there is nothing on the city books to allow it.
On Monday, attorneys for CVCSF appealed Skiles’ ruling to the Fresno-based 5th District Court of Appeal. CVCSF is also asking the appeal court to pause the eviction process. The appeal court has not issued any ruling or set any dates.
“We’re hoping that (the court) answers this case before the city pushes forward trying to steal the park,” Frazier said.
Cops at the park?
Frazier alleged the city sent park rangers to the sports complex last weekend, who in turn called police.
“There was a small confrontation with the park rangers telling our workers that we can’t charge people to get in the park and (the city has) possession of the park. They called the police department out there, and we had to walk the police department through the eviction process,” Frazier said.
White confirmed the incident, in part.
“A park ranger dropped by the property last week to walk around and was initially refused entry but was ultimately allowed to enter for the purposes of community outreach and public safety,” White said.
The ranger called a supervisor when ordered to pay admission. That was the extent of police involvement, White said.
CVCSF wins round in parking lot case
In a separate legal action, CVCSF won a round in court against its neighbor over parking.
In a ruling released Monday, Skiles denied a motion for summary judgment made by GPP II, LLC — the company affiliated with Club One Casino and Kyle Kirkland. GPP II, LLC and CVCSF are in litigation over the use of parking spots at Granite Park.
The ruling means the lawsuit — both parties are suing each other, and CVCSF also named the city of Fresno as a defendant — will continue. Summary judgment allows a party to request a judicial ruling without a trial, if there are no disputed facts. A trial is set for Jan. 25, 2027.
“It’s a little bittersweet for me. It’s coming a little late, but yesterday’s ruling is encouraging because GPP II asked the court to rule in their favor without a trial, and the court declined to do that,” Frazier said.
Kirkland — a candidate for Congress and a Clovis Republican challenging Rep. Jim Costa, D-Fresno — downplayed the significance of the ruling.
“It’s effectively moot now that CVCSF is being evicted. In the event that they tried to retain occupancy there at the property, we go to trial. I think the city, and we are in alignment over our property rights and use of the parking,” Kirkland said.
Judge: Too much in dispute to grant motion
Skiles cited two areas that might be in dispute. Both parties submitted conflicting expert witness testimony analyzing the rights of where tenants can park. Mike Sanchez, a former city of Fresno planner, said there is no easement created to share GPP II’s parking rights. Land use expert Dirk Poeschel disagreed on behalf of CVCSF.
“The evidence is sufficient to demonstrate there is a dispute as to the parking rights of the parties set forth in the parcel map documents,” Skiles wrote.
Skiles said it is also in dispute whether CVCSF is trespassing over the parking easement issue, denying GPP II’s request for summary judgment on that issue.
July 4th at Granite Park?
CVCSF holds a traditional July 4th fireworks show. Frazier doubts that will be allowed to continue. He said the city has been “blocking” them.
“Right now we are not confident that the city is going to allow us to have our free event for the citizens in that area that we’ve been serving, which is detrimental because we’ve been allowing the people that can’t afford to go see fireworks. They know they can always come to Granite Park,” Frazier said.
Speaking with The Bee last week, White said CVCSF has not applied for proper paperwork.
Frazier guessed that Kirkland will hold a fireworks program.
“He’s going to act like he’s the savior and put fireworks in the park, so they can look like, oh, nothing changed. It’s like the nonprofit created it, got the people coming every year, and it’s like they want to steal the thunder,” Frazier said.
Kirkland does plan a fireworks show. He held one last year, as well. His permits are pending.
“We’ve got a beer garden, food trucks. It’ll be a fun event, open to the public,” Kirkland said.
