The sale of the Tower Theatre to Adventure Church has once again been delayed.
Two days after Sequoia Brewing Company filed an appeal of Fresno County Superior Court Judge Rosemary McGuire’s decision to deny an injunction in the sale, the appellate court ruled Tuesday to keep the sale pending, not allowing it to close escrow on Wednesday as planned.
ADVERTISEMENT
“Having conducted a preliminary review of the matter, [the ruling in the Superior Court case] is hereby ordered stayed pending determination of the petition in the above entitled action, or until further ruling of this court,” the appellate court ruled.
The appellate court extended the temporary restraining order on the sale that McGuire originally granted while reviewing the case.
The appellate court ordered Tower Theater Properties “and all other persons acting in concert or participating with real party in interest, shall cease and desist all conduct relating to any sale of the subject premises.”
Tower Theatre owner Laurance Abbate will be required to file a response to the court by April 6, and Sequoia Brewing will be required to file a briefing by April 13.
Tuesday’s ruling by the appellate court does not come as a surprise.
After Sequoia’s initial attempt to block the sale was struck down by McGuire, Adventure Church Pastor Anthony Flores expressed his excitement, but said that it was ultimately “short-lived” because of the pending appeal.
“I feel great about it,” Flores told The Sun after the initial ruling. “Unfortunately, it was short-lived because they went ahead and said they were going to file an appeal. And they’re going to try to take it up to a higher court. And if that doesn’t work, they’re going to try something else.”
Flores said he welcomes a conversation with Sequoia Brewing to work out a deal and avoid further court proceedings.
A case management conference for the civil complaint that Sequoia Brewing initially filed is scheduled for July 14.
