California Construction News staff writer
The Ninth Circuit Court of Appeals affirmed the dismissal of Huntington Beach’s legal challenge to state housing laws. The city’s lawsuit argued that enforcing state housing requirements was unconstitutional.
“Today, yet another court has slapped down Huntington Beach’s cynical attempt to prevent the state from enforcing our housing laws,” Gov. Gavin Newsom said, responding to the decision. “Huntington Beach officials’ continued efforts to advance plainly unlawful NIMBY policies are failing their own citizens — by wasting time and taxpayer dollars that could be used to create much-needed housing.
“No more excuses — every city must follow state law and do its part to build more housing.”
A copy of the decision can be found here.
The unanimous decision by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirms the district court’s dismissal of the City of Huntington Beach’s federal lawsuit.
In March 2023, California sued Huntington Beach for violating the state Housing Element Law. The state is seeking both penalties and injunctive relief. The Ninth Circuit’s unanimous decision reinforces California’s commitment to ensuring all cities comply with housing regulations aimed at addressing the housing crisis.
“I am pleased that yet another court has emphatically rejected Huntington Beach’s attempt to exempt itself from state housing laws,” said Attorney General Bonta. “While the city has been wasting the public’s time and money pursuing this meritless lawsuit, its neighboring communities — along with every Californian struggling to keep a roof over their heads or wondering where they’re going to sleep tonight — need Huntington Beach to step up and adopt a housing plan without further delay.
“My office will continue pursuing all remedies in the state case against the city, where the court has already determined the city violated the state’s Housing Element Law.”
