Sequoia Brewing appeals judge's decision to allow sale of Tower Theatre

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Wednesday, July 28, 2021
Sequoia Brewing appeals judge's decision to allow Tower Theatre sale
The writ claims a Fresno County judge made three significant mistakes when allowing the sale of the theater to continue last March.

FRESNO, Calif. (KFSN) -- Sequoia Brewing Company has filed a writ asking an appellate court to reinstate a block on finalizing the sale of the Tower Theatre to Adventure Church until the brewery's lawsuit is resolved.

The writ claims Fresno County Judge Rosemary Maguire made three significant mistakes when allowing the sale of the theater to continue last March.

RELATED: Tower Theatre sale price, original deal revealed in legal battle

Attorneys for Sequoia Brewing have accused Tower Theatre Properties of fraudulent concealment for not notifying them of the potential sale to the church, claiming it's a violation of their right of first refusal to buy the venue.

Judge Maguire rejected those claims, citing evidence provided by Tower Theatre Properties that it did give Sequoia Brewing notice of the pending sale and the option to buy it.

RELATED: City of Fresno considering whether to take Tower Theatre by eminent domain

The sale of the theater sparked controversy within the Tower District neighborhood of Fresno. Community members protested for several weeks against the sale.

Tensions heightened when counter protesters, including members of the Proud Boys, a right-wing extremist group with ties to white nationalism, showed up in opposition to local protesters who want to keep the theater from becoming a church.

Sequoia Brewing's attorneys tell Action News they hope to get a ruling from the appellate court in a few weeks.