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BURBANK v. AIRPORT AUTHORITY

No. B123632.

85 Cal.Rptr.2d 28 (1999)

72 Cal.App.4th 366

CITY OF BURBANK, Plaintiff, Cross-defendant and Appellant, v. BURBANK-GLENDALE-PASADENA AIRPORT AUTHORITY, Defendant, Cross-complainant and Respondent; The State of California, Intervener, Cross-defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Rehearing Denied June 1, 1999.

Review Denied August 11, 1999.

Attorney(s) appearing for the Case

Dennis A. Barlow, Burbank City Attorney, Terry B. Stevenson, Senior Assistant City Attorney; Cutler & Stanfield, Perry M. Rosen, Peter J. Kirsch and W. Eric Pilsk, for Plaintiff, Cross-defendant and Appellant City of Burbank.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Roderick Walston, Chief Assistant Attorney General, Theodora P. Berger, Senior Assistant Attorney General, Richard Frank, Senior Assistant Attorney General, and Susan L. Durbin, Deputy Attorney General, for Intervener, Cross-defendant and Appellant State of California.

McDermott, Will & Emery, Richard K. Simon, Thomas A. Ryan, Andrea K. McIntosh and Michael L. Meeks, Los Angeles, for Defendant, Cross-complainant and Respondent.

LILLIE, P.J.

The City of Burbank and the State of California appeal from a summary judgment entered in favor of the Burbank-Glendale-Pasadena Airport Authority. The trial court found that because the City had delegated its powers under Public Utilities Code section 21661.6 to the Authority, the City was without power to enforce the statute as against the Authority. The trial court erred, and we reverse the judgment.

PROCEDURAL AND FACTUAL BACKGROUND

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