City of Burbank v. Burbank-Glendale-Pasadena Airport Authority

In 2001, the voters of the City of Burbank passed an initiative measure which placed numerous restrictions and conditions on the Burbank-Glendale-Pasadena Airport. This initiative provided specific and detailed directions regarding how, when and under what circumstances the City of Burbank could consent to acquisition, financing, zoning, construction or modification of any land or facility at or around the Burbank-Glendale-Pasadena Airport. Within a week of the election the City of Burbank filed this action for declaratory relief to seek a ruling on the validity of the initiative measure. The trial court declared the measure invalid. The court found the measure an inappropriate subject for an initiative, and further found its provisions violative of state statutory law and state constitutional law. Accordingly, the trial court entered judgment in favor of the City of Burbank. Characterizing the measure as a mere zoning regulation, a major proponent of the initiative contends the measure is legal, constitutional and the City of Burbank is bound to enforce this city law duly adopted by initiative. We conclude the initiative conflicts with the powers delegated exclusively to…