Burbank Votes to Appeal Airport Expansion Ruling

BURBANK —  In a widely anticipated move, the Burbank City Council voted Tuesday to appeal last week’s court ruling that the city has no power to block Burbank Airport’s planned terminal expansion project.

Shortly after the decision by Burbank Superior Court Judge Carl J. West, some officials of the Burbank-Glendale-Pasadena Airport Authority predicted construction of a new 19-gate terminal could be completed in several years.

But at their regularly scheduled meeting Tuesday night, Burbank council members voted 4 to 0 to carry on a legal battle against the Airport Authority that has cost both sides millions of dollars.

“We think the judge’s decision was appealable on the facts,” said Councilwoman Stacey Murphy. “If this airport grows the way [Airport Authority members] want it to, it will be comparable to the area surrounding L.A. International Airport. It will destroy our city if we don’t fight this all the way.”

“You may believe the arrogant words of those who smugly tell you that Burbank has lost the battle and that we are defeated,” said Councilman Ted McConkey, one of the airport’s fiercest critics. “Believe it at your own peril.”

In a 14-page opinion issued Feb. 11, West ruled that the city of Burbank “expressly and unequivocally” gave the Airport Authority power, when it was formed, to carry out such actions as purchasing 130 acres from Lockheed for the planned terminal. The Airport Authority was created in 1977 by the Burbank, Pasadena and Glendale city governments.

Burbank officials, who have called for curfews on takeoffs, limits on flights and a smaller terminal, have long contended that the airport’s plans would result in unacceptable levels of noise and congestion around the airport.

Although Burbank was barred by a 1973 U.S. Supreme Court decision from interfering with airport safety or operations, it appeared that the city would be able to exercise leverage over the airport when West ruled last October that the city could invoke the state Public Utilities Code, which gave cities local planning authority over airports within their boundaries. But with his latest ruling, he said the city gave up that power when it helped establish the Airport Authority.

Burbank officials said they would not accept that they had signed away their sovereignty. Despite the appeal, airport officials say they intend to move forward with plans to build a new terminal by 2002.

“Yes, there are lot of things we’ll have to go through,” acknowledged Airport Authority attorney Richard Simon. But he also warned that Burbank officials should not use the zoning or permitting process to interfere with the project.

“If their goal is normal civic planning and conformity with their General Plan, I’m sure we will have no difficulty with that,” he said. “But if the goal is to exercise control over airport operations as in the past, we will have a fight and the outcome will be the same.”