Laura Sturza
BURBANK -- Following three months of filing court complaints and
responses, the city's lawsuit challenging Measure A -- which restricts
some airport operations and expansion -- will have its first day in court
Monday.
The city sued the Burbank-Glendale-Pasadena Airport Authority for
declaratory judgment, which involves the rights and obligations of both
parties after voters approved the law in October.
"Second, there is an actual controversy between the Authority and the
city because Burbank maintains that it must apply Measure A while the
Authority insists that Burbank cannot apply Measure A to the Authority,
and has threatened to sue Burbank if it applies Measure A," city
attorneys wrote in a court document filed last week.
City officials and the Airport Authority agree that the measure
violates state and local laws, but the Airport Authority has argued that
it is not the appropriate party to defend against the city's lawsuit.
The merits of the city's complaint will not be determined Monday, only
whether the city's complaint will be dismissed, said Peter Kirsch,
special counsel to the city on airport issues.
The public hearing is scheduled for 8:30 a.m. Monday in Department 47
at the County Courthouse, 111 North Hill St., Los Angeles.
The case could be dismissed if the judge agrees with the Airport
Authority's claims.
Kirsch outlined three possible outcomes from the hearing. In the
first, the court could deny the Airport Authority's motion and the case
would proceed. In the second, the court could grant the Airport
Authority's motion with the stipulation that the city can amend its
complaint. The third, and least likely scenario is that the court can
grant the Airport Authority's motion and dismiss the case, Kirsch said.
Contention between the two groups started when Measure A was approved
by 58% of Burbank voters on Oct. 9. The law requires the airport to
conform to several operating restrictions including a mandatory curfew,
expansion limits and a cap on flights and passengers.
The city filed an Oct. 17 lawsuit against the Airport Authority,
challenging the legality of the measure.
Following the Airport Authority's request to dismiss the case, the
city filed both an amended complaint and a Jan. 4 opposition to the
Airport Authority's motion to dismiss, arguing that the case should
proceed.
Meanwhile, several airport-related permit applications await city
approval but are moving at a pace described by airport officials as
slower than usual.
They include requests to expand the Southwest Airlines ticketing area
to accommodate additional security screening required by the federal
government by Jan. 18. Other requests are to relocate parking lots A and
B, move Desmond's Movie Equipment Storage business and install awnings
near the shuttle bus area.
"We submitted plans that would normally be over-the-counter
ministerial improvements,"said Victor Gill, Airport Authority spokesman.
"There's a permit application being deemed 'in process' which normally
would be a same-day permit."
