BURBANK CLAIMS COURT VICTORY IN AIRPORT'S GROWTH.

Byline: Lee Condon Daily News Staff Writer

In what Burbank officials are calling a major victory, a federal judge Monday dismissed a suit filed by Burbank Airport commissioners, who sought to block the city from interfering with plans to expand the airport.

The Burbank-Glendale-Pasadena Airport Authority had asked the court to find that a section of the California Public Utilities Code, which gives Burbank the power to reject an expansion, is unconstitutional.

But U.S. District Court Judge Lourdes G. Baird found it was not in her jurisdiction to handle the dispute because it involved a conflict between a state law and the authority, a panel created by the California Legislature.

``This is an important victory for the people of Burbank in what the Airport Authority has acknowledged is the key issue in our dispute,'' said Burbank Mayor Bill Wiggins. ``The court's ruling keeps intact Burbank's right to approve any acquisition of land within our borders.''

Lawyers for the airport plan to appeal the ruling.

While airport officials were disappointed by the dismissal, Airport Authority spokesman Victor Gill said the airport will continue to fight the constitutionality of the code. Gill said the fight may end up in state court.

``The issue is far from dead. No matter who comes out smiling today, it's just an early round,'' Gill said. ``(Baird) did not rule on the issue. She just ruled on the jurisdictional issue.''

The suit was one of three legal battles under way between the city of Burbank and the authority. But Burbank officials say this was considered the most important battle because it was about whether Burbank has any say in how the airport is expanded.

The state of California had joined Burbank's side in the dispute because the authority was challenging state law.

It was the first good news for the Burbank side in the legal battle with the airport. Until Monday, Burbank had been on the losing side of several court rulings since a legal war erupted between the city and airport commissioners in June 1996.

The Burbank City Council has rejected the Airport Authority's expansion plan under the provisions of the California Public Utilities Code. But the authority did not participate actively in the application process calling the council proceeding a ``kangaroo court.'' The authority already had filed suit to get the process declared unconstitutional.

Baird found that the Airport Authority, because it is a political subdivision of the state, did not have ``standing'' to challenge a state law in federal court.

The authority was created by the Legislature in 1977 to oversee Burbank-Glendale-Pasadena Airport. The city councils from the three member cities each appoint three commissioners to sit on the panel. The Glendale and Pasadena commissioners support an expanded terminal, citing safety concerns and the regional economic benefits of an expanded facility.

The authority wants to move its current terminal and triple its size.

The Burbank commissioners, who are routinely outvoted by the majority from Glendale and Pasadena, oppose the expansion, saying Burbank residents are already coping with too much jet noise, pollution and traffic from the airport.