Judge Asked to Thwart Action by Airport Foes

With the controversy over Burbank Airport expansion moving into the courts, an airport lawyer Tuesday asked a federal judge not to interfere with its plans to purchase land for a new, larger passenger terminal.

The arguments were made in the third lawsuit over airport expansion filed in the last week. In this one, the city of Burbank, opposed to expansion without greater guarantees against congestion and noise, is seeking an order blocking the airport’s impending purchase of land for expansion.

Richard K. Simon, who represents the Burbank-Glendale-Pasadena Airport Authority, filed documents in federal court in Los Angeles opposing the temporary restraining order requested Monday by Burbank officials.

Although Burbank officials contend that state law gives the city the right to veto any such land purchase, airport authority officials who favor terminal expansion say the obscure law is unconstitutional. The airport authority is a separate government entity created to operate the airport, they say.

“The court’s already aware of our position,” Simon said. “We do not want the city of Burbank’s argument to go [without response].”

Simon, saying that Burbank officials “jumped the gun” by seeking the restraining order, said a deal to purchase about 130 acres from Lockheed Martin Corp. remains in negotiation anyway.

Simon said the lawsuit was an overreaction by Burbank officials to a vote by the airport authority authorizing the purchase. The authority also approved starting the process of obtaining the land through eminent domain if a negotiated sale is impossible, and that could take months, he said.

But Burbank officials said they could not afford to wait and take the chance that the land deal would go through without a judge hearing their concerns. Local residents opposed to the expansion worry that noise, congestion and other problems will become unbearable with a larger terminal.

“It’s a necessary pain in the neck. We have to protect our legal position,” said Burbank City Councilman Ted McConkey. “We can’t leave it to the good faith of people who have shown us they don’t operate in good faith.”

On June 11, the nine-member authority, which runs the airport with three commissioners from each of the three cities, sought a court order that would bar Burbank from opposing a larger terminal. The next day, Burbank officials sued its airport partners, Glendale and Pasadena, in an attempt to block the land purchase from Lockheed.

A federal court judge may rule as early as today on whether to issue the temporary restraining order.

“I think the judge will grant the temporary [order] and then we’ll go in and argue whether it should be made permanent,” McConkey said.

Simon, however, said he was sure the land deal would go through and the larger terminal would be built despite the legal challenges.

“This terminal will be built. This land will be acquired,” he said. “I take a long view.”