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Intervenor goes to court day after heart attack

August 03, 2002

Laura Sturza

Rousing himself from a hospital bed following a heart attack,

Measure A intervenor Mike Nolan was in court with city officials as

they asked for an expedited hearing to decide the initiative's

legality.

The court denied the city's request Thursday, but Judge Richard

Montes promised to hear the case as scheduled Aug. 23. Montes is

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replacing Judge Aurelio Munoz, who was originally assigned to the

case. The voter- approved measure prohibits expansion at the

Burbank-Glendale-Pasadena Airport without restrictions including

flight caps and curfews.

Though he suffered a heart attack Wednesday, Nolan was in a Los

Angeles courtroom Thursday morning with his attorney, Dennis Winston,

to ask the court to deny the expedited hearing.

"I do not want a two-minute drill on this matter," Nolan said.

"The subject matter is too important not to have a full review [by a

new judge]."

Nolan became the intervenor in the case after the city sued the

airport, contesting the legality of Measure A. The airport refused to

defend the lawsuit and Nolan stepped in to argue Measure A's merit.

Winston argued that it was unnecessary to move up the hearing

since another city law, Measure B, would still mean any airport

expansion would have to go to a public vote.

Meanwhile, the airport plans to add 40,000 square feet to its

terminal to make room for security equipment and other post-Sept. 11

safety mandates, and have applied for a permit to do so.

City officials said they will not process the permit because of

uncertainty about whether to apply Measure A's requirements to the

request.

"Staff should process all applications up to the point of approval

and then hold them, either until council tells them to go forward or

Measure A is overturned," City Atty. Dennis Barlow said of the

resolution the city enacted in December.

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