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 land by eminent domain.

The request was Burbank's first attempt to use its veto 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 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 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 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 will require extensive and costly cleanup.

Victor Gill, 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, 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.