BURBANK — The city asked a Superior Court judge Tuesday to dismiss a judgment ordering the Burbank-Glendale-Pasadena Airport Authority to pay Lockheed Martin $84 million for the 130-acre Plant B-6 property seized by the airport.
The motion maintains that the airport authority did not have the right to acquire the land by eminent domain, and that as a result the judge cannot order the payment.
Burbank officials explained that the motion filed with Judge Carl J. West was designed as a hedge should negotiations with the airport authority over a new terminal falter.
But airport authority spokesman Victor Gill called the motion "a mistake at a sensitive time."
"The airport authority has already waived its right to challenge the city's review process," Gill said. "We would expect to see Burbank demonstrate some good faith at this point, especially if this motion has such limited importance."
The airport authority has until July 26 to come up with $30 million as second down payment on Plant B-6. Airport officials paid $37 million for the land when they seized it through eminent domain in 1997.
After an eight-week trial, the airport was ordered to pay $84 million, as well as interest and legal fees that could bring the total settlement to about $100 million.
