Burbank-Glendale-Pasadena Airport Authority, a Joint Powers Agency v. City of Los Angeles, a California Municipal Corporation

Good Law
979 F.2d 1338·1992 WL 332618
United States Court of Appeals for the Ninth CircuitNovember 17, 199290-56144, 91-55175California1,021 words

Opinion

Opinion

Norris, J.

ORDER

The memorandum disposition, filed September 23, 1992, is redesignated an authored opinion by Judge Norris.

OPINION

Burbank-Glendale-Pasadena Airport (“the Airport”) sued the City of Los Ange-les to enjoin enforcement of a City ordinance requiring prior submission and approval of any plans for development on a parcel of Airport land that is used exclusively for airplane landings and takeoffs. The district court granted a preliminary injunction and then summary judgment in favor of the Burbank Airport, holding that the ordinance was preempted under federal law. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I

The ordinance at issue applies exclusively to a 54-acre parcel of land owned by the Burbank Airport and located within the jurisdiction of the ’City of Los Angeles. When this lawsuit was filed, this parcel of land contained the northern portion of the Airport’s main north-south runway and an associated taxiway (Taxiway A) which runs parallel to this runway on the east side and extends all the way to the runway’s northernmost end. At that time, the parallel taxiway on the west side of the runway (Taxiway B) stopped short of the runway’s northern end,…

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