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New go-between in lawsuit

February 16, 2002

Laura Sturza

CIVIC CENTER -- Measure A will be defended in court by Burbank

resident Mike Nolan in the city's lawsuit against the

Burbank-Glendale-Pasadena Airport.

When the city was unable to reach an agreement with Measure A coauthor

Ted McConkey, Nolan offered to intervene and was approved by a 3-2 vote

at Tuesday's City Council meeting. Nolan signed an agreement with the

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city Thursday.

Measure A requires the airport to conform to several operating

restrictions including limits on expansion and flight times.

The deal-breaker for McConkey was the city's unwillingness to fund his

intervention through an appeal process. Nolan does not view that as an

obstacle.

"I have confidence that we'll do a good enough job that no one will

object to our bringing this to a conclusion that we can rely upon," Nolan

said.

Councilmen David Golonski and David Laurell opposed funding Nolan's

intervention for up to $100,000. Councilwomen Marsha Ramos and Stacey

Murphy and Mayor Bob Kramer approved the funding.

The city and the Airport Authority agree portions of Measure A are

illegal. In its lawsuit against the Airport Authority, the city asked the

court to determine which parts of the measure are legal. The Airport

Authority has said it will not defend the lawsuit.

Nolan said he stepped forward because the 11,000 Burbank voters who

approved Measure A in October deserve to be heard before Judge Aurelio

Munoz in the trial scheduled for April 17. The issue could be resolved

sooner, officials said.

The next step will be for Nolan's attorneys -- the firm of Moskowitz,

Brestoff, Winston and Blinderman -- to let the court know that Nolan

wants to intervene. It is the same firm McConkey had planned to use.

"Somebody had already done some work on the case," Nolan said. "I had

the confidence that if [McConkey] had already done the work with them, I

thought I was doing the responsible thing."

Several possibilities exist for future actions, City Atty. Dennis

Barlow said.

"The court could set an earlier hearing and have us come in and argue

something," Barlow said. "[Nolan's] attorney could file some kind of a

motion that would set a hearing, or the judge could decide it on the

papers without a hearing."

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