Federal Court Dismisses Huntington Beach Housing Lawsuit

A federal judge on November 13 dismissed a lawsuit the Orange County city filed against the state and the Southern California Association of Governments in March in an attempt to exempt itself from state housing laws.

3 minute read

November 26, 2023, 11:00 AM PST

By Irvin Dawid


'Huntington Beach' sign on pedestrian bridge over Pacific Coast Highway.

jdoms / Adobe Stock

Huntington Beach, the fourth largest city (<200,000) in Orange County, the state's third largest county after Los Angeles and San Diego, has been at the center of state vs. city housing controversies in recent years.

[Most recent in Planetizen: Huntington Beach Mounts Legal Challenge to State-Mandated Density, February 27, 2023]

To put the November 13 ruling into context, it's helpful to go back to March 9 when the city filed its lawsuit against the state and the Southern California Association of Governments, the region's metropolitan planning organization (MPO) in charge of determining the Regional Housing Needs Assessment, in the U.S. Central District of California in Santa Ana, the county seat. Hours earlier, state Attorney General Rob Bonta had filed suit against Huntington Beach in state court (Superior Court of Orange) for “violating state housing laws,” particularly SB 9 (2021) and laws permitting the development of accessory dwelling units

“Though the two disputes were unrelated, it was hard not to see one as payback for the other,” reports Hillel Aron for Courthouse News Service on November 14.

The 59-page federal complaint [pdf] called the state's actions “an unbridled power play to control all aspects of the City Council’s land use decisions in order to eliminate the suburban character of the City and replace it with a high-density mecca."

November 13 ruling—South Lake Tahoe connection

“In his 15-page opinion [pdf], U.S. District Judge Fred Slaughter ruled Huntington Beach lacked standing to bring the suit under Article III of the Constitution, citing the 1980 Ninth Circuit opinion in City of S. Lake Tahoe v. California Tahoe Regional Planning Agency,” adds Aron.

[South Lake Tahoe appealed the decision to the U.S. Supreme Court that year which denied hearing the case.]

“This precedent precludes political subdivisions of a state like plaintiff city of Huntington Beach from asserting constitutional challenges to the validity of a state law in federal court," wrote Slaughter.

“Huntington Beach also contended the state’s housing orders violated state environmental laws and the California Constitution,” reported Bob Egelko for the San Francisco Chronicle on Nov. 14. “But Slaughter said those claims were not based on any established California legal precedent and could be considered only in a state court.”

City Attorney Michael Gates said Huntington Beach would appeal the ruling to the 9th U.S. Circuit Court of Appeals.

California lawsuit status

The state's lawsuit against Huntington Beach filed on March 9 was paused by an Orange County Superior Court judge on November 3 until the city's lawsuit against the state in federal court was decided, reported Michael Slaten for The Orange County Register the next day.

City Attorney Michael Gates called the judge’s decision “a huge loss” for the state and said the decision can’t be appealed.

“The state is stuck and can’t take any further action against the city for failure to adopt a housing element,” Gates said.

That was November 4. Attorney General Rob Bonta gets the last word.

“We filed [pdf] a motion [on May 1] to dismiss Huntington Beach's federal lawsuit because we believed it was meritless. We are pleased that the court agreed,” said Attorney General Bonta in a statement on November 14.

"With this behind us, we look forward to prosecuting our state case against Huntington Beach. Everyone must do their part to address California's housing crisis."

Hat tip to Bob Egelko, courts reporter for the San Francisco Chronicle

Tuesday, November 14, 2023 in Courthouse News Service

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

High-rise apartment buildings in Waikiki, Hawaii with steep green mountains in background.

Study: Maui’s Plan to Convert Vacation Rentals to Long-Term Housing Could Cause Nearly $1 Billion Economic Loss

The plan would reduce visitor accommodation by 25,% resulting in 1,900 jobs lost.

April 6, 2025 - Honolulu Civil Beat

Wastewater pouring out from a pipe.

Alabama: Trump Terminates Settlements for Black Communities Harmed By Raw Sewage

Trump deemed the landmark civil rights agreement “illegal DEI and environmental justice policy.”

April 13, 2025 - Inside Climate News

Two yellow and white Dallas Area Rapid Transit light rail streetcars at station in Dallas, Texas.

North Texas Transit Leaders Tout Benefits of TOD for Growing Region

At a summit focused on transit-oriented development, policymakers discussed how North Texas’ expanded light rail system can serve as a tool for economic growth.

April 3, 2025 - KERA News

Sprawling housing development in suburban Summerlin near Las Vegas, Nevada.

Nevada Bills Aim to Establish Home Insurance Assurance Amidst Wildfire Risk

Republican sponsor hopes the FAIR plan would be “a true market of last resort.”

15 minutes ago - Nevada Current

Small red car driving on forested road passing "Welcome to Virginia" sign.

Virginia Law Allows Judges to Mandate Speed Limiters

The law could set a new precedent for speed limiting tech on U.S. vehicles.

1 hour ago - Streetsblog USA

Colorful sunset view over Chattahoochee River in Georgia.

Comment: EPA Cuts will Send Atlanta Back to Eye-burning Ozone, Lung-damaging Smog, and Raw Sewage in the Chattahoochee River

A veteran political journalist takes stock of the hard-earned ground Georgia stands to lose with slashed environmental protection.

2 hours ago - Georgia Recorder