FRESNO, Calif. (KGPE) – The future of the historic Tower Theater is once again up to the courts. On Tuesday, Adventure Community Church filed a lawsuit against the owners for an alleged breach of contract.

The church is asking the theater to proceed with the sale, saying it agreed to pay $4.8 million for the entire property, but is willing to buy the part of the building that doesn’t include Sequoia Brewing Company.

Last month, an appeals court halted the sale after it sided with Sequoia Brewing, which is located inside the theater.

The bar sued the owners about a year ago after finding they had the right of first refusal, meaning they would be allowed to buy the property if it ever came up for sale.

Court documents say the theater began the process of selling the property to the church, before letting Sequoia Brewing know it wanted to sell.

“It only brings more unrest to a neighborhood that has been suffering for over a year now,” said Jaguar Bennett of the Save the Tower theater committee, who protested the sale of the property, saying it would harm to neighboring businesses.

“If the church were to force the sale in their favor, they still haven’t addressed the zoning issue. This building is not zoned for religious gatherings,” Bennett said.

The City of Fresno and the theater’s ownership declined to comment for this report.

Our newsroom contacted Adventure Church but did not hear back.