Airport’s Exemption From Suit by Schools Is Questioned

A new Burbank Airport commissioner has called for revision of a contract in which he contends that the city’s school district gave up its right to sue the airport if an airplane crashes over a nearby middle school.

The 3-month-old contract gives airport officials the right to use the airspace over Luther Burbank Middle School without being subjected to legal actions that might result from “the use of the airport by aircraft,” among other things.

The Burbank Unified School District has received $3.7 million from the Federal Aviation Administration and airport officials to soundproof the school’s classrooms, offices and library from aircraft noise. As part of the deal, district officials say they were required to sign the easement.

“What [the district] was signing away is the worst of all catastrophes: a plane falling on the school,” said Burbank Airport Commissioner Philip E. Berlin, who wants a new agreement--a view shared by at least two Burbank city councilmen.

“The general issue for me is, I don’t have any problem with the school signing an easement that waives any right to [sue the airport] against any noise that might affect the kids. My problem is in this other language it grants. In my mind, the whole agreement should be renegotiated.”

Berlin said he will ask for the issue to be discussed at the board’s next scheduled session on Aug. 3.

Efforts to soundproof Luther Burbank, school officials say, have reduced the noise of aircraft engines to about the same sound levels made by passing cars.

Assistant Supt. Ali Kiafar said he, Supt. Dave Aponik and a lawyer hired by the district spent several hours poring over the eight-page easement contract, and do not believe the district ever gave up its option for legal recourse.

Nonetheless, Kiafar added, “if other people want to make it more clear, we’d be more than happy to have that.”