AIRPORT EXPANSION RULING SET ATTORNEYS EXPECT DECISION ON SURVIVAL OF MEASURE A.

Byline: Susan Abram Staff Writer

BURBANK - A Superior Court judge will likely rule today on the validity of Measure A, the voter-approved initiative that would cap growth at the Burbank Airport.

Arguments are scheduled this morning in Los Angeles Superior Court, 10 months after Burbank city officials filed suit to overturn the measure, which voters approved in an October election.

Attorney Peter Kirsh, who advises the city on airport issues, said he expects a speedy ruling by retired Superior Court Judge Richard Montes.

The judge, he said, understands that the city and the Burbank Airport Authority face a Dec. 30 deadline to beef up airport security. Measure A, which would limit expansion, is an obstacle to installing new baggage screening equipment.

``At the end of the day, we'll be looking to have relief and closure,'' Kirsh predicted.

The city's position has been awkward since the start because it appeared that City Hall was fighting the will of the voters. The case became increasingly awkward in February, when the city paid $100,000 in legal fees for third party-community activist Mike Nolan to intervene and argue in favor of Measure A.

The defendant in the case, the Burbank Airport Authority, has declined to defend the initiative because it agrees with the city that the measure contains vague language and illegal provisions.

Dennis Winston, who is representing Nolan, said an appeal is likely if Measure A is struck down.

Howard Rothenbach, chairman of Restore Our Airport Rights - the grass-roots group that put Measure A on the ballot - said he is optimistic that the measure will not be struck down in its entirety.

``If there is a significant gutting of the initiative, then obviously we'd like to regroup and strategize,'' he said. ``We will use what the court finds, and go out again. We've done it before. We know how to do it. Whether it's legal or not, the people want what's in Measure A.''

Burbank City Manager Robert ``Bud'' Ovrom said he thinks the court will strike Measure A down, which means the city, like ROAR, would still have to go back and draft some sort of law similar to Measure A.

``All of us in City Hall agree with what ROAR was trying to do,'' he said. ``But any new initiative is difficult to enforce. This one was extremely difficult because of the Federal Aviation Administration's involvement.''