The city of Fresno could be weeks away from a jury trial over the attempts of leaders to wrest possession of the troubled Granite Park from the nonprofit running it.
Fresno County Superior Court Judge Maria G. Diaz said Monday she expects to hand down a tentative ruling by the end of next week on whether to return Granite Park to the city or go to trial to settle a list of disputes.
Attorneys working for the city of Fresno motioned for a summary judgment for an eviction, arguing Central Valley Community Sports Foundation and the developer who heads it, Terance Frazier, are in breach of contract. Among the alleged breaches was about $600,000 in unpaid utility bills and fines .
The city terminated its 25-year agreement in November with the nonprofit and Frazier. That agreement went back to 2015.
Frazier’s attorney argued for a jury trial, saying the city and the nonprofit have too many factual disputes for the judge to make a decision.
Frazier’s declaration to the court argued the city has demanded the nonprofit come into compliance with the contract, but has not provided specifics on what that would entail, the court records show.
The city argues in the court documents that the nonprofit owes about $300,000 in water bills, $250,000 in utility bills and fines from fire department citations, which totals about $600,000.
The nonprofit has argued the city did not deliver on its agreement to provide cheaper water and electricity.
The nonprofit leaders have also put more than $1.5 million into park improvements, the nonprofit said. The city argued the agreement called for $2.7 million in improvements, and the park still has no volleyball or basketball courts, and no new restaurants have sprouted since the agreement was signed.
The troubled Granite Park
Frazier filed a federal lawsuit in 2020, claiming discrimination and racism by the city. Many of those disputes were cited in the eviction case in question on Monday.
He has complained that he is being treated differently than other operators of city-owned facilities, particularly the Fresno Grizzlies baseball team that plays at the city’s Chukchansi Park baseball stadium. Over the years, the city and the baseball team have rearranged their agreements to provide varying measures of economic relief to the team.
The city’s contract attorneys for the eviction said those disputes can be handled by the federal case and should not hold up Fresno’s attempt to reclaim the park.
Frazier is in a relationship with Assemblywoman Esmeralda Soria, D-Fresno, who sat on the Fresno City Council at the time the conflicts began.
A tentative date has been placed on the calendar for a jury trial, assuming the judge decides to grant one, on April 27.
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Reporter Thaddeus Miller has covered cities in the central San Joaquin Valley since 2010, writing about everything from breaking news to government and police accountability. A native of Fresno, he joined The Fresno Bee in 2019 after time in Merced and Los Banos.