RESIDENT APPEALS MEASURE A REJECTION.

Byline: - Susan Abram

The resident hired by the city to defend Measure A against its own court challenge has filed an appeal, asking that the voter-approved initiative be reinstated, officials said.

Mike Nolan filed the appeal on Friday, claiming that Superior Court Judge Richard Montes ruled unfairly that Measure A was unconstitutional.

``We're appealing against everything (the judge) declared,'' said Nolan's attorney, Dennis Winston. ``We want to reverse the ruling.''

Measure A, sponsored last year by Restore Our Airport Rights, required that a nighttime curfew and cap on flights be imposed before any expansion could be undertaken at Burbank Airport.

Although voters overwhelmingly approved Measure A, the city filed suit, saying it unconstitutionally restricted officials' ability to govern.

In August, Montes ruled that Measure A ``impermissibly interferes with powers delegated exclusively to the Burbank City Council.''

Burbank City Manager Robert ``Bud'' Ovrom said he was not surprised at the appeal but noted that the city is not paying Nolan's legal costs to pursue the case.

Howard Rothenbach, chairman of Restore Our Airport Rights, said the group is not funding the appeal. He said he was hopeful the measure would have a second chance.

``I'm delighted this is moving forward,'' he said.