Fresno Judge Denies Eviction Bid at Granite Park, Setting Up Trial

The city of Fresno is headed for a legal showdown to evict the operator of the city-owned Granite Park Sports Complex.

Fresno County Superior Court Judge Maria G. Diaz on Friday denied the city’s motion for summary judgment. She ruled there are too many disputed facts between the city and the Central Valley Community Sports Foundation. This sets up a trial beginning Mondya, April 27.

This is the city’s third attempt in the last 15 months to evict CVCSF. The first case was thrown out in January 2025 because the city did not provide proper notice, but the judge allowed the city to refile.

When the city refiled, a lender for the nonprofit filed to intervene, and the city temporarily dropped its case.

The most recent filing last December corrected any timing issues. LandValue Management LLC, the lender, again filed to intervene. In a separate ruling, Diaz again granted LandValue Management’s motion. The city is seeking another summary judgment, to be heard Tuesday, April 21.

Dispute Began in 2018

The city and CVCSF have been in dispute since 2018, less than three years after the nonprofit foundation — established by businessperson and philanthropist Terance Frazier — took over the park. CVCSF asked the city to double its $150,000 subsidy as part of the lease. That led to a city audit casting doubt on the nonprofit’s finances. CVCSF disputed the audit’s findings and sued in federal court. That case is ongoing.

In a court hearing on the summary judgment motion last month, the city said CVCSF owes $600,000 in rent and utilities, a figure the nonprofit disputes.

CVCSF operates the park on Cedar Avenue between Ashlan and Dakota avenues, providing baseball, softball, and soccer fields, and community events.

“Seven years of this. Accusations. Attacks. And what many see as retaliation. If it was true, it would have been over already. Today, the court said the facts matter. We’re going to present our case to a jury, and the truth will prevail. This is for the kids at Granite Park. We’re not going anywhere,” CVCSF President and CEO Terance Frazier told GV Wire.

The city responded.

“No surprises here. Motions for summary judgment are extremely challenging when the dispute is fact-based. The city will decide next steps in the coming weeks,” City Attorney Andrew Janz said.

Judge’s Reasoning

Diaz heard arguments March 16. In a six-page opinion released a month later, Diaz said there is no dispute that the two parties had a contract and that it was amended. She found fault with the city’s claim that the breach of the lease is based on undisputed facts.

The parties differ on whether capital improvements were made. The city said CVCSF missed a 2017 deadline; the nonprofit claimed the city and several of its officers “assured Defendant that it was in substantial compliance with the lease and no outstanding obligations were owed.” It also contends it completed the projects in 2017.

“There is also a dispute as to whether this claim is still viable, given the deadline for completion was more than eight years ago. This issue presents material disputes precluding summary judgment,” Diaz wrote.

Conflicting facts about whether CVCSF owes the city for utilities “create a triable issue of fact,” Diaz wrote.

Diaz also found “triable facts” in disputes about violations of the fire code, whether the park carried sufficient insurance, and how to interpret sections of the lease.

“Once a contract is determined to be ambiguous, the interpretation becomes a question of fact,” Diaz wrote.

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