Huntington Beach lost its primary lawsuit against California’s housing mandates in federal appeals court today after the Ninth Circuit Court issued a ruling that they didn’t have the power to sue the state.
The lawsuit has been ongoing since March 9, 2023, when city council members and Gov. Gavin Newsom announced competing lawsuits against one another on the same day, debating whether or not the city needed to have a state approved housing development plan.
[Read: California’s Battle With Huntington Beach Over Housing Goals Heads To Court]
While Attorney General Rob Bonta sued the city in state court to compel them to adopt a housing plan, HB City Attorney Michael Gates sued back in federal court, claiming that charter cities like Surf City were not bound by regular state laws.
It was an argument the Ninth Circuit Court of Appeals disagreed with in their ruling, who agreed with another ruling by U.S. District Judge Fred Slaughter, who threw the case out last year, arguing the city didn’t have standing to sue the state on 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 in their Wednesday ruling. “No matter how California categorizes charter cities, they remain subordinate political bodies, not sovereign entities.”
To read the full ruling, click here.
Gates has also lost in state court against Bonta, with San Diego Superior Court Judge Katherine Bacal requiring the city to write a new plan for housing.
[Read: Huntington Beach Loses Housing Mandate Lawsuit Against California]
In a Wednesday interview, Gates said the decision was “not particularly surprising,” and said he would be asking the Ninth Circuit to do a second review.
If that review is denied, he plans to appeal the case to the U.S. Supreme Court, which he says city council members have already told him they want.
“City Council has made it pretty clear we’ll take this all the way to the Supreme Court,” Gates said. “That’s their intent so I know that’s an option.”
In a post on X, Newsom’s office had a short comment on the ruling.
“No more excuses,” Newsom’s governor account posted. “Every city must follow state law and do its part to build more housing.”
Noah Biesiada is a Voice of OC reporter and corps member with Report for America, a GroundTruth initiative. Contact him at nbiesiada@voiceofoc.org or on Twitter @NBiesiada.
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