CITY SEEKS HALT IN AIRPORT LAND TRIAL; BURBANK LAWYERS FLEX MUSCLE FROM STATE COURT OF APPEAL.Byline: Lee Condon Daily News Staff Writer Claiming Burbank Airport has no power to buy land for a new, larger terminal without their approval, city officials on Monday asked a judge to halt an ongoing trial in which the airport is trying to take 130 acres of Lockheed Martin For the former company, see . Lockheed Martin (NYSE: LMT) is a leading multinational aerospace manufacturer and advanced technology company formed in 1995 by the merger of Lockheed Corporation with Martin Marietta. land by eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in . The request was Burbank's first attempt to use its veto veto [Lat.,=I forbid], power of one functionary (e.g., the president) of a government, or of one member of a group or coalition, to block the operation of laws or agreements passed or entered into by the other functionaries or members. In the U.S. power over the purchase of land for proposed airport expansion. Less than a week ago, the state Court of Appeals ruled that the city of Burbank possesses that power. ``Why be in court to determine the value of the land if you don't have the power to buy the land?'' asked Burbank City Manager Robert ``Bud'' Ovrom. ``We don't think proceeding with the condemnation Condemnation bell, book, and candle symbols of Catholic excommunication rite. [Christianity: Brewer Note-Book, 85] Bridge of Sighs passage from Doge’s court to execution chamber in Renaissance Venice. [Ital. Hist. case makes sense.'' In a motion filed Monday, lawyers for the city called for the land-condemnation case to be dismissed. Citing the appellate court A court having jurisdiction to review decisions of a trial-level or other lower court. An unsuccessful party in a lawsuit must file an appeal with an appellate court in order to have the decision reviewed. decision, they said the trial court lacks jurisdiction to let the Airport Authority take land without city approval. If the trial judge decides to let the jury reach a verdict on the value of the land, Burbank lawyers at least want a delay in a final judgment. ``Burbank is compelled to intervene in this case to ensure that the (Airport) Authority does not acquire the B-6 site,'' one of the city lawyers wrote in a motion. The condemnation case is only one of the legal fronts on which Burbank is battling the airport's plans to build a larger terminal. Burbank officials say they will block any attempt to expand the airport until they get a mandatory 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. on night flights and other restrictions on noise. Lawyers for Burbank are set to appear before Judge Carl J. West at 2 p.m. today to request that he schedule a hearing on the issues. The case went back to West after the Court of Appeal overturned an earlier decision by him. Jurors have been hearing the condemnation case in Burbank Superior Court since April 13. The Airport Authority and Lockheed Martin sharply disagree on the value of land the public agency had intended to take by eminent domain. Lockheed Martin lawyers have argued to jurors that the property is worth $130 million, but airport lawyers contend it is worth closer to $25 million because soil contamination Soil contamination is the presence of man-made chemicals or other alteration in the natural soil environment. This type of contamination typically arises from the rupture of underground storage tanks, application of pesticides, percolation of contaminated surface water to will require extensive and costly cleanup. Victor Gill gill, in weights and measures gill, in weights and measures: see English units of measurement. , airport spokesman, said Airport Authority board members have not met with lawyers to determine whether they will try to get the Court of Appeal decision overturned by the California Supreme Court. Peter Kirsch kirsch n. A colorless brandy made from the fermented juice of cherries. [French, short for German Kirschwasser; see kirschwasser. , a lawyer for Burbank, said he expects the airport agency will ask the state Supreme Court to intervene and should be stopped from acquiring Lockheed land at least until that decision is made. Gail Rymer, a spokeswoman for Lockheed Martin, said the company had no comment on the city's decision to intervene. |
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