AIRPORT SUIT CAN PROCEED.Byline: Helen Gao Staff Writer BURBANK - The city's lawsuit challenging the legality le·gal·i·ty n. pl. le·gal·i·ties 1. The state or quality of being legal; lawfulness. 2. Adherence to or observance of the law. 3. A requirement enjoined by law. Often used in the plural. of voter-approved Measure A can proceed, a judge ruled Monday, after denying a request by the Burbank Airport Authority to dismiss the case. Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850. Superior Court Judge Aurelio Munoz rejected the Airport Authority's contention that Burbank should be suing someone else. ``If this action is not allowed to proceed, the city-airport operations will soon be in a state of paralysis paralysis or palsy (pôl`zē), complete loss or impairment of the ability to use voluntary muscles, usually as the result of a disorder of the nervous system. and defendant authority will soon be suing the city,'' Munoz wrote in his ruling. ``It appears that there is an actual controversy of great public interest between the parties that the court should decide,'' the judge wrote. Another hearing is expected to take place before April 17, during which Burbank will ask for summary judgment. Approved by 58 percent of the voters in a mail-in election in October, Measure A prohibits the city from consenting to ``the financing or construction of any new, rebuilt, relocated or expanded airport facility'' unless it can obtain an overnight 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. and a cap on the number of flights at the Burbank-Glendale-Pasadena Airport. Both the city and the Airport Authority have argued that Measure A is legally flawed. Since its passage, the city has placed a moratorium A suspension of activity or an authorized period of delay or waiting. A moratorium is sometimes agreed upon by the interested parties, or it may be authorized or imposed by operation of law. on building and other permits for projects proposed on airport land, pending a court ruling on the initiative's legality. The Airport Authority is named the defendant because it has six permit applications filed with the city - and more on the way - that are covered by Measure A. With both the city and the Airport Authority sharing the same view, the authority has contended there was no controversy for the court to resolve and the lawsuit should be dismissed. ``I don't disagree with Verb 1. disagree with - not be very easily digestible; "Spicy food disagrees with some people" hurt - give trouble or pain to; "This exercise will hurt your back" Burbank on the merits on the merits adj. referring to a judgment, decision or ruling of a court based upon the facts presented in evidence and the law applied to that evidence. A judge decides a case "on the merits" when he/she bases the decision on the fundamental issues and considers of this act. This clearly is illegal,'' said Richard Simon Richard Simon (May 13, 1638 - April 11, 1712), was a French biblical critic. He was born at Dieppe. His early education took place at the college of the Fathers of the Oratory. , the authority's attorney, who tried to persuade the judge that a legitimate lawsuit would require someone on the opposing side arguing in favor of Measure A. ``I don't think your honor wants to decide the merits of this measure passed by voters of Burbank without hearing at least from the opposing side,'' he said. Simon told the judge that the authority would not file further responses to the lawsuit and would let the court decide the case by default without the benefit of any arguments by the authority on the legality of Measure A. ``We can't defend it. If we were to mount a successful defense, we would be sealing our own fate,'' said authority spokesman Victor Gill. Despite a $100,000 fund established by the city to pay for the legal costs of a third party to intervene in the lawsuit, no one has stepped forward. Restore Our Airport Rights, the grass-roots group that placed the measure on the ballot, actively dissuaded its supporters from getting involved in the litigation An action brought in court to enforce a particular right. The act or process of bringing a lawsuit in and of itself; a judicial contest; any dispute. When a person begins a civil lawsuit, the person enters into a process called litigation. to avoid lending any legitimacy to the city's legal action. ``This is just a bogus bo·gus adj. Counterfeit or fake; not genuine: bogus money; bogus tasks. [From obsolete bogus, a device for making counterfeit money. lawsuit. The airport has said so. Their attorney has said so,'' said Howard Rothenbach, chairman of ROAR who attended the hearing. ``The people have clearly stated, 58 percent, they want this initiative. (The city is) trying to steal the election from the people.'' Rothenbach said the judge's decision to allow the case to proceed hasn't changed his mind about not intervening in the case. ``We are not there because we don't want to lend credibility to the city's lawsuit. If we joined, there would be real conflict,'' he said. ``As it is, there is no case. I don't think the judge should rule on that. Without a conflict, how can a judge make a ruling?'' |
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