BURBANK WINS APPEAL ON AIRPORT; 3-JUDGE PANEL SAYS CITY CAN VETO LAND BUY FOR TERMINAL.

Byline: Mary Lou Aurelio Daily News Staff Writer

In a decision that could shift the balance of power in the Burbank Airport expansion dispute, the state Court of Appeal ruled Wednesday that Burbank has the right to veto the airport's acquisition of 130 acres for a new terminal.

``It's a major victory for Burbank,'' said City Manager Robert ``Bud'' Ovrom. ``Both sides agree that this is the most important legal issue and it's now been decided in Burbank's favor. This is the big banana. This is what really counts.''

The ball is now in Burbank's court, said Victor Gill, Airport Authority spokesman.

``We'll have to meet with our lawyers before deciding whether to appeal to the state Supreme Court,'' Gill said.

``We need to see what our options are and what Burbank intends to do,'' he said. ``I've always had the sense that Burbank favors a new terminal on that site, but the question is the size and conditions.''

Ovrom did not say what the city of Burbank will do next, but said the decision could bring the two sides together.

``Up till now, the Airport Authority has been very unwilling to work with us on any sort of a compromise,'' Ovrom said. ``They have to come to us now and seek our approval. If they're smart, this will cause them to work with us on trying to find a compromise.''

Overturning a Superior Court decision from last year, the Court of Appeal/Second Appellate District ruled Wednesday that Burbank did not give up its power to approve or reject the airport's acquisition of land in the city when it signed a joint-powers airport agreement with Glendale and Pasadena.

The expansion proposal is a $250 million plan to build a new 19-gate terminal on Lockheed Martin Corp. property by spring 2002.

The airport was trying to acquire the land through a special land condemnation process.

Although Burbank officials believe the existing 14-gate terminal should be relocated, they have tried to obtain guarantees that a larger terminal would not increase pollution, traffic and noise for residents.

On Jan. 30, 1998, lawyers for the city argued that the state Public Utilities Code gives the city the right, for protection of the public interest, to block the airport's takeover of land for expansion. But Los Angeles Superior Court Judge Carl J. West ruled that the city delegated its power to veto airport land acquisition to the Burbank-Glendale-Pasadena Airport Authority when it agreed to form the three-city body in 1977.

The agreement to create the Airport Authority ``expressly and unequivocally grants to the Authority the right to acquire land for the operation of the airport,'' West wrote in his Feb. 18, 1998, decision.

Wednesday's unanimous decision by the three-judge panel rejected the Airport Authority's argument that it has the unrestricted right to acquire property within Burbank. The court affirmed the city's position, that the Airport Authority is prevented from even acquiring land within Burbank for purposes of expanding the airport ``unless and until the City Council approves the Authority's plans to expand the airport.''