What you need to know: The federal court of appeals today denied Huntington Beach’s NIMBY attempt to sue the state for enforcing state law that requires the city to build its fair share of housing. California will continue to hold the city accountable and ensure that it builds the housing its community deserves.

SACRAMENTO - In March 2023, the state sued Huntington Beach for violating various state housing laws. The city retaliated by suing the state in federal court, arguing that enforcing California’s laws requiring cities to build more housing was unconstitutional. Today the Ninth Circuit affirmed the trial court in rejecting Huntington Beach’s NIMBY lawsuit.

 “Today, yet another court has slapped down Huntington Beach’s cynical attempt to prevent the state from enforcing our housing laws. 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.” - Governor Gavin Newsom

“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.”  

Today, California secured a unanimous decision by a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit affirming the district court’s dismissal of the City of Huntington Beach’s federal lawsuit challenging the constitutionality of enforcing state housing laws. 

In 2023, the Governor announced that California was suing the city, arguing that the city is in violation of the state Housing Element Law and seeking both penalties and injunctive relief.

A copy of the decision can be found here.