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
"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
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
"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."