Granite Park operator Terance Frazier was victorious in court on Tuesday as Judge Robert Whalen threw out a lawsuit filed against Frazier’s foundation by the City of Fresno.
Frazier’s victory could be short-lived, however, since the city plans to refile its claim and fix a procedural error.
The backstory: The city terminated its lease with the Central Valley Community Sports Foundation (CVCSF) last November for unpaid bills.
- The city said at the time that the CVCSF was behind on over $1.3 million in bills, including $708,000 in back rent and $263,000 in PG&E bills.
- Frazier refused to leave Granite Park, leading the city to file an eviction lawsuit in January.
The big picture: Frazier asked Whalen to throw the lawsuit out since it had a technical defect.
- When the city filed its eviction notice on Nov. 6 of last year, the three-day notice expired on a Saturday.
- Whalen ruled that the law does not allow eviction notices to expire on Saturdays.
What we’re watching: Whalen is allowing the city to re-file its eviction notice, which will restart the process.
- GV Wire reported that the city planned to re-file the eviction notice on Tuesday.
What they’re saying: “Today’s ruling is merely a procedural hurdle and does not address the material breaches of the lease by the Foundation,” City Manager Georgeanne White told GV Wire.
