Fresno City Councilmember Miguel Arias in a Thursday, Feb. 1, 2024 file photo

The owners of the Elm Avenue Business Park have escalated their fight with the City of Fresno, filing a formal tort claim seeking more than $100 million in damages — the latest development in a bitter land use dispute that has also put Councilmember Miguel Arias in the crosshairs over allegations of bias.

Property owners Buzz Oates and SPAN Development say Arias has taken an activist role in opposition to their application to restore zoning that would allow warehouse operations at the Elm Avenue site. They argue that Arias’ public comments and outreach efforts violate the impartial role required for what the city considers quasi-judicial proceedings.

Under those rules, City Council members must act similarly to judges and weigh evidence that is presented during public hearings and avoid advocacy either for or against applicants.

In a letter to the city, the property owners said Arias hosted a community town hall focused on the zoning issue and shared what they described as, “false and misleading information” about the proposal. They said the meeting was intended to ramp up opposition to the zoning restoration.

They also claim that Arias misstated environmental findings and missed out on key details about the project’s compliance with California Senate Bill 330, which is known as the Housing Crisis Act. 

Buzz Oates and SPAN say that restoring the property’s previous zoning would protect warehouse operations and preserve thousands of jobs related to tenants at the business park. 

The companies are requesting that Arias be barred from participating in the zoning decision and from discussions on the Central Southeast Specific Plan. They also asked the city to delay both items by 90 to 120 days. 

Arias took to Facebook in response, disputing the claims. He said the proposed rezone would eliminate the potential for 3,500 housing units in West Fresno. 

Arias said the applicant’s request could delay the Central Southeast Area Specific Plan, a planning effort that launched in 2017, until after the 2026 primary election. He also brought up concerns about allowing large corporations to postpone broader neighborhood planning efforts that affect thousands of residents. 

The City Council is expected to discuss the matter in closed session as the dispute continues.