In a resounding defeat for local NIMBYism, the federal court of appeals has sided with the state of California, affirming that Huntington Beach must comply with state housing laws and build its fair share of housing. The Ninth Circuit's decision upholds earlier court rulings that dismissed the city's lawsuit challenging the constitutionality of these housing mandates.
The legal battle began in March 2023, when California took Huntington Beach to court for failing to uphold state housing statutes. In response, the city fired back with a federal lawsuit, asserting that the state's requirements were unconstitutional. After a series of legal engagements, today's verdict by the Ninth Circuit puts an end to that debate, with the court, rejecting the city's assertions decisively.
Governor Gavin Newsom heralded the ruling as a win against cynical efforts to evade housing obligations. "Today, yet another court has slapped down Huntington Beach’s cynical attempt to prevent the state from enforcing our housing laws," Newsom was quoted saying in an announcement. "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."
Attorney General Bonta also chimed in, criticizing Huntington Beach for its protracted legal fight. "I am pleased that yet another court has emphatically rejected Huntington Beach’s attempt to exempt itself from state housing laws," Bonta stated. "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." He made clear that the state would continue to pursue remedies in the ongoing case against the city.
Today's court order is an important precedent for California's push to increase housing availability, particularly in wealthier cities like Huntington Beach that have historically resisted higher-density developments. The complete decision can be viewed on the state's official government website.
