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A federal appeals court on Monday rejected taking a second look at Huntington Beach’s lawsuit challenging state housing mandates to plan for where and how more homes could be developed in the coastal city.The federal lawsuit filed by the city in March 2023 against the state has failed to gain traction in courts. The lawsuit was a response to the state filing in court at the same time to force Huntington Beach to comply with housing laws and plan for the construction of more housing, which the city wants to bypass.
A three-panel judge from the 9th U.S. Circuit Court of Appeals in October affirmed a trial court ruling that said the case should be dismissed.
Huntington Beach followed by petitioning the appeals court for a second hearing with a larger panel of judges.On Monday, the city’s petition failed to get a majority of votes from the court’s judges to get another hearing.“We are pleased that Huntington Beach’s latest attempt to exempt itself from our state’s housing laws has failed,” Attorney General Rob Bonta said in a statement.
“All along, Gov. (Gavin) Newsom and I have asserted that the city’s federal lawsuit is meritless and a waste of the public’s money. Like every other city in California, Huntington Beach has a legal obligation to build its fair share of housing.
”The ruling leaves only an appeal to the U.S. Supreme Court as a path for getting the case revived.
City Attorney Mike Vigliotta said that’s what he’ll ask the City Council for permission to do.“A city’s right to sue the state in federal court is an issue that presents a split among federal circuit courts across the nation,” Vigliotta said in a statement. “These are the kinds of cases the Supreme Court will sometimes hear to resolve the split.
”Vigliotta said the city will not be deterred or intimidated from challenging “Sacramento’s unconstitutional stronghold on cities.”The City Council for years has refused to pass zoning changes that would allow for more than 13,000 homes to be built throughout Huntington Beach, many of which would need to be affordable. The city does not have to be the builder, it just has to create the zoning environment to support new housing development.
The city has argued that state requirements to zone for more housing violate the City Council’s free speech rights and its charter city status allows it to ignore certain housing laws. A trial court judge and an appeals court panel have rejected those arguments in their rulings against the city.“In response to another court loss, do Huntington Beach city leaders need a hug?” Newsom posted Monday on social media.
“Maybe that will help them do their job in building much-needed housing and stop wasting taxpayer dollars on this frivolous lawsuit.”The attorney general’s lawsuit in state court seeking to force Huntington Beach to zone for more housing is currently being appealed after a judge ordered the city to adopt new housing plans.Related Articles60,000 Americans to lose their rental assistance and risk eviction unless Congress actsIs it time to break up with your real estate agent?Environmental Nature Center anxious for Newport Beach council support for housing element changeLawmakers push to prevent veterans from losing housing aid over disability benefitsBernice King reflects on the Fair Housing Act, made law after her father’s killing.
