CITY WINS ROUND OVER BURBANK AIRPORT.

Byline: Lee Condon Daily News Staff Writer

City representatives should get a chance to prove in court that projected noise increases at an expanded Burbank Airport would violate state law, the state Court of Appeal decided in a ruling made public on Tuesday.

The ruling by a three-judge panel sends the case back for Los Angeles Superior Court to consider the issue of whether the airport would unlawfully increase noise levels beyond the current limit of 370 acres.

Burbank City Manager Bud Ovrom said the appellate court decision might push airport officials to cut a deal with the city and end protracted legal battles.

``We're capable of protracting this legal fight for a long time. It demonstrates that the airport will have to overcome these legal hurdles unless they deal with us,'' Ovrom said. ``We want a new airport, too, but they're not going to jam it down our throats.''

The ruling was a victory for the city because the lower court earlier refused to consider whether an expansion would violate a state law limiting the area where the airport can affect noise levels. Burbank officials said the decision means the airport must now show that its expansion and growth plans will not exceed the cap.

``We still have to prove at court that they (would be) violating the cap, but we think the facts are very clear on that,'' said Peter Kirsch, a lawyer for Burbank.

A recent study commissioned by the airport projected that the noise-impact area will increase to 500 acres by 2010. But Victor Gill, a spokesman for the airport, said the expansion will not cause increased noise beyond the 370-acre limit. He said the projection for increased noise in homes near the airport was based on computer models that do not take new noise-control measures into account.

For example, he said, the airport will pay to insulate many homes in which noise levels otherwise would rise.

``By 2010 we will have insulated hundreds and hundreds of homes,'' Gill said.