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Riverside County Judge Upholds LA's Control Of Ontario Airport

LOS ANGELES (CBSLA.com) — A Riverside County judge tentatively upheld the validity of a pair of agreements that gave Los Angeles control of LA/Ontario International Airport, the latest win in the court battle for control of the airfield.

Riverside County Superior Court Judge Gloria Trask conceded there were some legal issues with the 1985 sale of the airport to Los Angeles, but the statute of limitations for challenging the deal and seeking its rescission ended in 1989. Trask also upheld the validity of the original joint powers compact that placed Ontario under management of the Los Angeles World Airports in 1967.

The ruling, however, will not end the legal battle being conducted by Ontario officials, who are trying to take control of the airport from Los Angeles. Still pending are claims by Ontario that Los Angeles officials have breached the contracts. Ontario officials contend LAWA has been focused on driving more air traffic to Los Angeles International Airport while business at the Ontario airport continues to plummet.

"Although we are disappointed by the court's decision barring two claims within its complaint, we are pleased that a jury will have the opportunity to consider Ontario's three other claims for L.A.'s break of its contractual and fiduciary duties when the lawsuit goes to trial this spring," said Ontario Mayor Alan D. Wapner, president of the Ontario International Airport Authority.

In court papers, Ontario's attorneys cited remarks by former Los Angeles City Councilman Richard Alarcon, former airport commissioner Alan Rothenberg and current LAWA Executive Director Gina Lindsey indicating apparent hostility to any effort that might boost business at Ontario.

Documents allege Lindsey characterized a proposal to direct more passenger flights to Ontario as a "waste of time."

Ontario sued in June 2013 after negotiations between LAWA and Ontario officials hit an impasse. One of the chief stumbling blocks was L.A.'s request for $475 million to relinquish the airfield.

According to LAWA, nearly $500 million has been invested in runway and other terminal upgrades since the late 1990s, while supporters of the "Set Ontario Free" campaign made an offer of $50 million cash and to assume debts attached to the airport, if LAWA would let it go, according to Roy Goldberg, one of the attorneys representing Ontario.

Most inland governing bodies, including the Riverside City Council, back an independent Ontario Airport. Last year, the Ontario International Airport Authority was formed to handle an ownership transfer.

The OIAA commissioned a study indicating that, without steps to increase the airport's visibility through general promotional campaigns and direct marketing to airlines, the airport's future prospects will continue to dim.

Passenger loads at the airport have fallen 40 percent – from 7.2 million to 3.9 million annually – since 2007, according to the study.

At the current rate, passenger levels will fall below 2 million by 2024, costing the regional economy an estimated $430 million in lost economic activity annually, the study said.

(©2015 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

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