DENNIS A. BARLOW, State Bar No. 63849
TERRY B. STEVENSON, State Bar No. 72821
CITY OF BURBANK, CALIFORNIA
275 East Olive Avenue
Burbank, California 91510
Telephone: (818) 238-5700
PERRY M. ROSEN
PETER J. KIRSCH
W. ERIC PILSK
CUTLER & STANFIELD, L.L.P.
700 Fourteenth Street, N.W.
Washington, D.C. 20005
Telephone: (202) 624-8400
Attorneys for Plaintiff and Cross-Defendant
CITY OF BURBANK
BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY,
CITY OF Burbank, ______________________________ |
) Case No. EC 04248 ) ) [PROPOSED] ) ) FINAL JUDGMENT DENYING ) ) Date: |
WHEREAS on December 19, 1996, petitioner
Burbank-Glendale-Pasadena Airport Authority (“Authority”) filed its
Petition for Writ of Administrative Mandate (CCP § 1094.54) or Traditional
Mandate (CCP § 1085) in this action seeking to overturn the decision of
the Burbank City Council (“City”) disapproving the Authority’s
application pursuant to California Public Utilities Code § 21661.6
(Section 21661.6) to acquire and use an approximately 130-acre parcel of
property, a portion of which is located in the City, known as the B-6 Property,
for the purpose of expanding or enlarging the Burbank-Glendale-Pasadena Airport
(“Airport”); and
WHEREAS on October 29, 1997, the Authority sought
judgment on the ground that the City’s decision violated the
Authority’s procedural due process rights and was otherwise improper
because the City was impermissibly biased against the Authority and had
prejudged the Authority’s Section 21661.6 application; and
WHEREAS on February 16, 1998, having heard the evidence
and argument of the parties and the Authority having withdrawn all other ground
for its Petition, the trial court, the Honorable Carl J. West presiding, ruled
that the City Authority had not violated the Authority’s procedural due
process rights based on the evidence regarding alleged bias or prejudgment;
and
WHEREAS on February 16, 1998, the trial court, the
Honorable Carl J. West presiding, ruled that the City had acted in excess of
its jurisdiction by denying the Authority’s Section 21661.6 application
because, based on the court’s ruling in City of Burbank, et al. v.
Burbank-Glendale-Pasadena Airport Authority, Case No. EC 0022341, the trial
court determined that the City had delegated its Section 21661.6 powers to the
Authority; and
WHEREAS on March 10, 1998, the trial court, the Honorable
Carl J. West presiding, issued a Writ on Mandate in favor of the Authority;
and
WHEREAS on April 20, 1998, the City timely filed a Notice
of Appeal; and
WHEREAS on May 5, 1999, the Court of Appeal reversed the
trial court’s delegation decision in Case No. EC 0022341 (City of
Burbank et al. v. Burbank-Glendale-Pasadena Airport Authority, 72 Cal. App.
4th 366 (1999), review denied, Aug. 11, 1999); and
WHEREAS on May 5, 1999, the Court of Appeal reversed the
trial court’s ruling that the City had acted in excess of its jurisdiction
by reason of delegation, vacated the writ of mandate issued by the trial court
and remanded the case to the trial court with directions to issue a new and
different judgment denying the writ petition; and
WHEREAS on August 11, 1999, the California Supreme Court
denied the Authority’s Petition for Review of the Court of Appeal’s
decision; and
WHEREAS on August 19, 1999, the Court of Appeal issued
the remittitur; and
WHEREAS all claims and defenses raised and asserted in
this case have been finally disposed of; and
GOOD CAUSE APPEARING THEREFOR,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED:
IT IS SO ORDERED
Dated: |
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Presented By:
DENNIS A. BARLOW, City Attorney
Terry B. Stevenson, Sr. Assistant
CITY OF BURBANK
CUTLER & STANFIELD, LLP
Perry M. Rosen
Peter J. Kirsch
By: ________________
Perry M. Rosen
Attorneys for Plaintiff and Cross-Defendant
CITY OF BURBANK
Approved as to form:
McDERMOTT, WILL & EMERY
Richard K. Simon
Thomas A. Ryan
By: ________________
Thomas A. Ryan
Attorneys for Defendant and Cross-Complainant
Burbank-Glendale-Pasadena Airport Authority