BURBANK-GLENDALE-PASADENA AIRPORT AUTH. v. BURBANK

No. 97-55520.

136 F.3d 1360 (1998)

BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, a joint powers agency, Plaintiff-Appellant, v. CITY OF BURBANK, a municipal corporation; James W. Van Loben Sels, in his official capacity as Director of the Department of Transportation of the State of California, Defendants-Appellees, and State of California, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 2, 1998.


Attorney(s) appearing for the Case

Jennifer L. Spaziano, Los Angeles, CA, for plaintiff-appellant.

Dana C. Nifosi, Washington, DC, Dennis A. Barlow, City Attorney, City of Burbank, Burbank, CA, Perry M. Rosen, Cutler & Stanfield, Washington, DC, for defendants-appellees.

Susan L. Durbin, Deputy Attorney General for the State of California, Los Angeles, CA, for intervenor-defendant-appellee.

Before: SCHROEDER and KOZINSKI, Circuit Judges, and WHYTE, District Judge.


Opinion by Judge SCHROEDER; Concurrence by Judge KOZINSKI.

SCHROEDER, Circuit Judge:

The Burbank-Glendale-Pasadena Airport Authority ("Authority") is engaged in a substantial expansion of terminal and parking facilities for the Burbank Airport. The City of Burbank ("Burbank") is reviewing the acquisition of land for that expansion, pursuant to California Public Utilities Code § 21661.6. The Authority filed this action to block Burbank's review, claiming...

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