Sequoia Brewing Company allowed to stay in fight for Tower Theatre sale

The Sequoia Brewing Company in the Tower District got a partial victory in its legal effort to stop the sale of Fresno's historic Tower Theatre.
FRESNO, Calif. (KFSN) -- The Sequoia Brewing Company in the Tower District got a partial victory in its legal effort to stop the sale of Fresno's historic Tower Theatre.

An appellate judge ruled that a portion of the lawsuit filed by the brewery months ago against the owners of the Tower Theatre was improperly dismissed by a Fresno County judge.

The appellate judge said Sequoia Brewing Company should have the opportunity to make further arguments.

Judge Rosemary McGuire initially denied Sequoia Brewing Company's request for an injunction back in March. The judge had said the brewery would not likely win at trial because the landlord had fulfilled their rental contract by offering to sell the location.

RELATED: Community, business leaders discuss proposal to resolve ongoing fight over Tower Theatre sale

The restaurant owners had argued that no one offered to sell them the property until after they filed a lawsuit, which violated their rental contract and a right of first refusal to purchase their portion of the property.

The sale of the Tower Theatre has stirred up controversy within the community for several months. Protests have been held every weekend since the announcement of the pending sale to Adventure Church back in January.

Editor's Note: The video above is from a previous broadcast and will be updated.

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