Federal Appeals Court Slaps Down Huntington Beach’s Anti Housing Lawsuit

Huntington Beach mislaid its superior suit against California’s lodging mandates successful national appeals tribunal contiguous aft the Ninth Circuit Court issued a ruling that they didn’t person the powerfulness to writer the state. 

The suit has been ongoing since March 9, 2023, erstwhile metropolis assembly members and Gov. Gavin Newsom announced competing lawsuits against 1 different connected the aforesaid day, debating whether oregon not the metropolis needed to person a authorities approved lodging improvement plan. 

[Read: California’s Battle With Huntington Beach Over Housing Goals Heads To Court]

While Attorney General Rob Bonta sued the metropolis successful authorities tribunal to compel them to follow a lodging plan, HB City Attorney Michael Gates sued backmost successful national court, claiming that charter cities similar Surf City were not bound by regular authorities laws. 

It was an statement the Ninth Circuit Court of Appeals disagreed with successful their ruling, who agreed with different ruling by U.S. District Judge Fred Slaughter, who threw the lawsuit retired past year, arguing the metropolis didn’t person lasting to writer the authorities connected this issue.

[Read: Federal Judge Tosses Surf City Lawsuit Against CA Housing Mandate] 

“We are not persuaded by the City’s effort,”  the Ninth Circuit Court of Appeals judges wrote successful their Wednesday ruling. “No substance however California categorizes charter cities, they stay subordinate governmental bodies, not sovereign entities.”

To work the afloat ruling, click here. 

Gates has besides mislaid successful authorities tribunal against Bonta, with San Diego Superior Court Judge Katherine Bacal requiring the metropolis to constitute a caller program for housing. 

[Read: Huntington Beach Loses Housing Mandate Lawsuit Against California]

In a Wednesday interview, Gates said the determination was “not peculiarly surprising,” and said helium would beryllium asking the Ninth Circuit to bash a 2nd review. 

In beforehand of City Hall, Huntington Beach City Attorney Michael Gates challenges the constitutionality of the authorities Regional Housing Needs Assessment goals. Credit: BRANDON PHO, Voice of OC

If that reappraisal is denied, helium plans to entreaty the lawsuit to the U.S. Supreme Court, which helium says metropolis assembly members person already told him they want. 

“City Council has made it beauteous wide we’ll instrumentality this each the mode to the Supreme Court,” Gates said. “That’s their intent truthful I cognize that’s an option.” 

In a station connected X, Newsom’s bureau had a abbreviated remark connected the ruling. 
“No much excuses,” Newsom’s politician account posted. “Every metropolis indispensable travel authorities instrumentality and bash its portion to physique much housing.”

Noah Biesiada is simply a Voice of OC newsman and corps subordinate with Report for America, a GroundTruth initiative. Contact him astatine [email protected] oregon connected Twitter @NBiesiada.

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