WRONG WAY TO CHALLENGE MEASURE A? HOLDEN: SUIT APPEARS `UNWISE'.Byline: Helen Gao Staff Writer
BURBANK - The city's lawsuit against the governing body Noun 1. governing body - the persons (or committees or departments etc.) who make up a body for the purpose of administering something; "he claims that the present administration is corrupt"; "the governance of an association is responsible to its members"; "he of Burbank Airport to overturn an initiative limiting growth at the facility is ``unwise'' and ``collusive col·lu·sive
Acting in secret to achieve a fraudulent, illegal, or deceitful goal.
col·lusive·ly adv. ,'' the board's president said in a letter released Friday.
Directed at Burbank Mayor Bob Kramer, the two-page letter written by Chris Holden, president of the Airport Authority, argues that because his agency agrees with the city that Measure A is flawed, no one would be arguing in its favor during court proceedings.
``To an outside observer, it may well look like the city and the authority are on the same side of a case with no one on the other side,'' Holden wrote.
``I cannot endorse any course of action which appears to involve the authority in an artificial or collusive lawsuit A collusive lawsuit is a lawsuit in which the parties to the suit have no actual quarrel with one another, but one sues the other to achieve some result desired by both. For example, if two people think a law is unconstitutional, one might sue another in order to put the lawsuit .''
City Attorney Dennis Barlow bar·low
An inexpensive, one- or two-bladed pocketknife.
[After Barlow, the family name of its makers, two brothers in Sheffield, England.] could not be reached for comment.
Approved Oct. 9 by 58 percent of the city's voters, Measure A requires any new passenger terminal plan at Burbank-Glendale-Pasadena Airport to include an overnight 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. and a cap on the number of flights.
Claiming the measure is unconstitutional unconstitutional adj. referring to a statute, governmental conduct, court decision or private contract (such as a covenant which purports to limit transfer of real property only to Caucasians) which violate one or more provisions of the U. S. Constitution. , Burbank officials filed suit earlier this week to overturn it. City officials said they directed the suit at the authority because it is the entity with building applications pending before the city.
In the letter, Holden also argued that legal action should have been left up to the proponents of the initiative, Restore Our Airport Rights.
``The city can decline to enforce the measure, thus affording its proponents an opportunity to directly challenge the city's actions in court,'' he wrote.