AIRPORT DEAL'S LEGALITY QUESTIONED; JUDGE SAYS BURBANK MUST FIRST APPROVE LAND PURCHASE.Byline: Lee Condon Staff Writer A local judge and a Federal Aviation Administration Federal Aviation Administration (FAA), component of the U.S. Department of Transportation that sets standards for the air-worthiness of all civilian aircraft, inspects and licenses them, and regulates civilian and military air traffic through its air traffic control lawyer have questioned whether parts of the tentative tentative, adj not final or definite, such as an experimental or clinical finding that has not been validated. Burbank Airport expansion deal comply with state and federal laws, local officials said Friday. Last month, Burbank city and airport officials reached a tentative agreement regarding airport expansion, an issue the two sides had fought over in court for four years. The two sides had hoped that Burbank Superior Court Judge Carl West would allow Burbank Airport officials to take title to 130 acres of land by the airport from Lockheed Martin For the former company, see . Lockheed Martin (NYSE: LMT) is a leading multinational aerospace manufacturer and advanced technology company formed in 1995 by the merger of Lockheed Corporation with Martin Marietta. . The airport sued to take the land by eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in and already has paid Lockheed Martin $100 million for the property and associated legal fees. The airport needs the property for its new airline terminal. But West said this week that under state law he cannot approve the title transfer until Burbank has formally approved the purchase. While the city is expected to do so, it has not yet completed its review of the airport's expansion application. The Burbank City Council is not expected to vote on the airport's application until November, at the earliest. West told lawyers for the city and the airport to return to his courtroom Nov. 2 for a second chance to convince him that the airport should get title before actually getting formal approval from the Burbank City Council. The airport also received a warning from the FAA in the form of a letter from Chief Counsel Nicolas G. Garaufis. Without being specific about possible problem areas, Garaufis reminded the players in the debate that the entire agreement must comply with federal law. Peter Kirsch kirsch n. A colorless brandy made from the fermented juice of cherries. [French, short for German Kirschwasser; see kirschwasser. , a lawyer for the city of Burbank, said both the judge and the FAA are just trying to make sure the complex agreement complies with state and federal laws. Kirsch expects the FAA will closely scrutinize scru·ti·nize tr.v. scru·ti·nized, scru·ti·niz·ing, scru·ti·niz·es To examine or observe with great care; inspect critically. scru parts of the deal that require the airport to reimburse re·im·burse tr.v. re·im·bursed, re·im·burs·ing, re·im·burs·es 1. To repay (money spent); refund. 2. To pay back or compensate (another party) for money spent or losses incurred. the city for infrastructure improvements the city will need to make because of the expansion. Under federal law there are tight restrictions regarding payments from airports to cities. In addition, Kirsch said he expects the FAA will comment on a plan to close the terminal from 11 p.m. to 6 a.m. That proposal has been attacked by an airline trade association as an illegal ``de facto [Latin, In fact.] In fact, in deed, actually. This phrase is used to characterize an officer, a government, a past action, or a state of affairs that must be accepted for all practical purposes, but is illegal or illegitimate. curfew curfew [O.Fr.,=cover fire], originally a signal, such as the ringing of a bell, to damp the fire, extinguish all lights in the dwelling, and retire for the night. The custom originated as a precaution against fires and was common throughout Europe in the Middle Ages. .'' On the land deal, Kirsch said he is confident that what the airport and city are proposing is legal. But lawyers for the airport and the city just need to convince West that their plan complies with state laws regarding airport land deals. ``The judge has to be comfortable that the substance of what we are doing is legal. He is not yet convinced of that,'' Kirsch said. Victor Gill gill, in weights and measures gill, in weights and measures: see English units of measurement. , a spokesman for the Burbank-Glendale-Pasadena Airport Authority, said the airport anticipated that the deal would be intensely reviewed by both West and the FAA. ``It's too early to conclude anything. The judge hasn't said no. He's just invited more statements and briefs,'' Gill said. Given the complexity of the deal, Gill said the airport also expects the FAA will have a large role in the process. ``The remarks from the FAA are part of a dialogue everyone anticipated,'' Gill said. The city is supporting the airport in its quest to secure title to the Lockheed Martin property because of the tentative deal and the understanding that the airport is in a difficult position. The airport has paid out $100 million but has no title in hand. At the same time, the city cannot give its final approval to the airport until its review is complete. ``We're not going to give approval until the whole deal is put together. But we think (the airport) should get the title now,'' Kirsch said. As for the FAA, Kirsch said the agency is just beginning its review and has not raised any significant issues in meetings with the city. ``They don't know Don't know (DK, DKed) "Don't know the trade." A Street expression used whenever one party lacks knowledge of a trade or receives conflicting instructions from the other party. if there are real problems or technical problems,'' Kirsch said. While both sides want the deal to be legal, Kirsch said not to expect major changes. |
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