Adventure Church asks for lawsuit dismissal. Is fight for Tower Theatre over?

A lawyer for Adventure Church has asked a Fresno court to dismiss its lawsuit over ownership of the Tower Theatre, possibly clearing the way for the City of Fresno to purchase the landmark for $6.5 million.

Attorney Nathan R. Klein, who filed the motion for dismissal Thursday, was not available to comment on the move Friday morning, and the City of Fresno declined to comment, according to spokeswoman Sontaya Rose. Efforts to reach Pastor Anthony Flores of Adventure Church were also unsuccessful.

Said Councilmember Esmeralda Soria:

“The historic Tower Theatre is an iconic landmark, and now we can all move forward together, ensuring the venue is a safe and welcoming place for everyone.

“I’m confident the community will rally together to ensure the theater is alive and bustling with arts and culture. I look forward to hosting a community meeting and a family night at the theater soon.”

The church’s contentious move to buy the Tower Theatre sparked a lengthy protest that began late in 2020 and only ended when a move by the city to buy the property appeared likely earlier in 2022. Business owners and community activists were worried the church’s purchase would change the character of an area known for its nightlife, arts community and progressive politics.

Klein, the attorney seeking the dismissal, represents the Murrieta law firm of Advocates for Faith and Freedom. That firm took over the lawsuit from attorney David L. Emerzian of Fresno’s McCormick Barstow.

The suit was launched in February, alleging theater owners had broken a promise to sell the facility to Adventure Church.

An obstacle to the sale was the issue of whether the Sequoia Brewing Company, owned by J&A Mash and Barrel, had the first right of refusal to buy the property. According to the lawsuit, the church did not become aware of that fact until November 2020, when it was doing its due diligence regarding the proposed sale.

On Feb. 16, 2021, J&A sued Tower Theatre Properties in an attempt to block the sale of the theater to the church. And in January of this year, the Fifth District Court of Appeal ruled that the owner of the Tower Theatre acted in bad faith by not revealing its proposed sale price to J&A.

In April, the Fresno City Council voted 4-3 to buy the theater. Councilmembers Garry Bredefeld, Luis Chavez and Mike Karbassi voted against the purchase agreement. Councilmembers Miguel Arias, Nelson Esparza, Tyler Maxwell and Esmeralda Soria voted in favor.

In late July, escrow on the purchase of the theater by the city closed, and the city began planning safety inspections and possible repairs to the property. The city also planned to upgrade the parking lot, including updating handicap-compliant parking spaces.

On Aug. 1, Adventure Church members began packing up and moving out of the theater.