BURBANK FINDS ALLY IN LAWSUIT : AIRPORT PANEL'S DISPUTE OF UTILITY CODE CHALLENGED.Byline: Lee Condon Daily News Staff Writer The California Attorney General's Office has asked to join the city of Burbank in its federal court battle over airport expansion with the Burbank-Glendale-Pasadena Airport Authority. On Friday, lawyers for the Attorney General's Office petitioned to become an ``involved party'' 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. . The Airport Authority filed suit in June in U.S. District Court, asking that a section of the state Public Utilities Code be struck down as unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. . The city of Burbank has tried to use that section of the public utilities code to establish oversight powers over the authority's plans to expand and relocate re·lo·cate v. re·lo·cat·ed, re·lo·cat·ing, re·lo·cates v.tr. To move to or establish in a new place: relocated the business. v.intr. its terminal. The authority has balked balk v. balked, balk·ing, balks v.intr. 1. To stop short and refuse to go on: The horse balked at the jump. 2. , claiming that, as a separate government entity, the agency does not have to answer to the city of Burbank. Steve Telliano, a spokesman for the Attorney General's Office, said the office has no position on whether the airport should be expanded, but is joining the suit only because of the authority's challenge to a section of the utilities code. ``What you're talking about is a federal pre-emption PRE-EMPTION, intern. law. The right of preemption is the right of a nation to detain the merchandise of strangers passing through her territories or seas, in order to afford to her subjects the preference of purchase. 1 Chit. Com. Law, 103; 1 Bl. Com. 287. 2. of state and local laws,'' Telliano said. ``It has ramifications ramifications npl → Auswirkungen pl far beyond the Burbank Airport issue.'' Telliano said it is common for the Attorney General's Office to get involved with this type of case. Burbank city officials were thrilled they have a new ally in their fight. ``The Airport Authority believes it is above state law,'' said Burbank City Manager Robert `Bud' Orvom. ``We intend to vigorously defend Burbank's land-use rights,'' Victor Gill, a spokesman for the Airport Authority, declined to comment on the the filing by the Attorney General's Office, saying he had not yet seen a copy of the document. |
|
||||||||||||
Printer friendly
Cite/link
Email
Feedback
Reader Opinion