The legal battle surrounding Marysville’s long-shuttered State Theater continues to unfold. Photo by Shamaya Sutton

MARYSVILLE, CA (MPG) - The legal battle surrounding Marysville’s long-shuttered State Theater continues to unfold in Yuba County Superior Court, as questions of ownership and unpaid city fines remain unresolved.

On Feb. 7, local property manager Donald Melvin filed a civil lawsuit seeking to quiet title, a legal process to confirm ownership, over the historic theater building located at 515 E St. Melvin claims he purchased the property in 2007 through an oral cash agreement with the late George Benny, a known member of California Partners LLC but said that no deed was ever recorded.

California Partners LLC has held the official title since 2001, according to property records referenced in the complaint.

In response, the City of Marysville filed a cross-complaint on the same day, Feb. 7, stating that the property is still subject to a municipal lien due to accumulated nuisance abatement costs and civil penalties. The city claims it issued a formal Notice and Penalty Order under its municipal code and that Melvin cannot claim a clear title until those debts are paid in full.

In the city’s answer, filed by attorney Brant Bordsen on May 6, the city argues that “Plaintiff is guilty of unclean hands and cannot quiet title free and clear of the city’s lien.” The city is asking the court to uphold the lien and determine the amount owed.

Melvin’s legal team, led by attorneys John Einwechter and John Hyatt of Hyatt McIntire & Associates, filed their formal Answer to the city’s Cross-Complaint on June 6. The document includes a general denial of all allegations and introduces two affirmative defenses: that the cross-complaint fails to state a cause of action and that the complaint is too vague or uncertain to respond to under California pleading standards.

A Case Management Conference, originally scheduled for June 16, was postponed due to audio issues with CourtCall, the remote appearance platform. According to the court’s Clerk’s Minutes, no parties appeared and the hearing was continued on the court’s own motion.

The new hearing is now scheduled for Monday, July 28, at 1:30 p.m. in Department 4 of the Yuba County Courthouse.

The State Theater, a 1927 Spanish-style venue that has sat vacant since 1996, has long been the subject of code enforcement disputes, fire safety violations and preservation debates. Despite its deteriorating condition, the building remains a landmark in downtown Marysville’s historic commercial district.

City officials have not offered any public statement on the current case. Marysville’s Community and Economic Development Director Dan Flores, who recently floated the idea of converting the building into an indoor pickleball court, and City Manager Jim Schaad, have not responded to requests for comment.

Attempts to reach Melvin or his legal team were also unsuccessful by press time.