The fight over Fresno’s Tower Theatre with church is finally over. What a court ruled

The Fifth District Court of Appeal has sided with the city of Fresno and another defendant after they were sued in late 2022 for allegedly interfering with a church’s attempt to buy the historic Tower Theatre.

In a ruling handed down Friday, the panel of three judges essentially put an end to the lawsuit when it found Adventure Church did not meet its burden of proof and probability to win the case in which the church argued Fresno city leaders and local developer Terance Frazier interfered with its attempt to buy the 83-year-old theater.

The church’s Los Angeles-based attorney was not immediately available for comment.

The city of Fresno bought the theater in April 2022 for $6.5 million after the church’s attempt to buy the most visible landmark in Fresno’s perhaps most progressive neighborhood was met by an uproar and weekly protests that went back to 2020.

The appellate court’s decision was a victory for the city of Fresno and the residents of the Tower District, Fresno City Attorney Andrew Janz said.

“We’re glad that there’s some finality to the process,” Janz told The Bee on Tuesday. “We’re grateful the city was awarded attorneys fees.”

The church’s lawsuit also alleged Frazier, who also operates Granite Park, joined in the effort to force a rezoning of the theater. Frazier is the partner of Assemblymember Esmeralda Soria, D-Fresno, who was on the Fresno City Council at the time of the controversy at Tower Theatre.

Frazier’s attorney was not immediately available for comment.

Adventure Church also lost an earlier lawsuit related to its attempt to purchase the theater from its previous owners. That court battle involved the owners of J&A Mash and Barrel, who operate the Sequoia Brewing Company on the same parcel as the theater.

The church in August 2022 dismissed its original lawsuit and moved out of the theater.

The Tower Theatre is now run by 809 Olive Ave. LLC , which in April 2023 won a three-year contract with options for more years to manage the theater for the city.

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