Huntington Beach may ask U.S. Supreme Court to hear housing case after appeals court declines another look

Huntington Beach might appeal its fight over state housing mandates all the way to the U.S. Supreme Court, after a federal appellate court declined another hearing the city’s lawsuit on Monday.

The U.S. Court of Appeals for the Ninth Circuit denied an en banc review of City of Huntington Beach v. Newsom, where all judges from the full circuit court would hear it.

Huntington Beach City Atty. Mike Vigliotta said in a statement Tuesday that he would ask the City Council to approve filing a petition to the Supreme Court, the last option for the case to continue. The all-MAGA City Council has taken a firm stance against the state getting involved in the charter city’s business, particularly in the area of zoning for more housing.

“A city’s right to sue the state in federal court is an issue that presents a split among federal circuit courts across the nation,” Vigliotta said. “These are the kinds of cases the Supreme Court will sometimes hear to resolve the split among federal circuit courts. We remain determined to challenge Sacramento’s unconstitutional stronghold on cities. We will not be deterred or intimidated and will continue to fight for Huntington Beach.”

Huntington Beach has continued to fight state Regional Housing Needs Assessment requirements to zone for 13,368 dwelling units in the current cycle. The city filed a federal lawsuit against the state of California in March 2023, arguing that the requirements violate the charter city’s right to zone property.

The courts have largely not agreed. The state’s motion to dismiss the lawsuit was granted by a U.S. district court judge in November 2023.

Michael Gates, who recently left his job as Huntington Beach city attorney, argued the case before the Ninth Circuit Court of Appeals in 2024, but a three-judge panel ruled that the city did not have standing to sue in federal court.

Additionally, that panel stated in its ruling that “no matter how California categorizes charter cities, they remain subordinate political bodies, not sovereign entities.”

Now, the Ninth Circuit Court of Appeals has denied taking another look at the case with a larger group of judges.

“We are pleased that Huntington Beach’s latest attempt to exempt itself from our state’s housing laws has failed,” California Atty. Gen. Rob Bonta said in a statement. “All along, Governor Newsom and I have asserted that the city’s federal lawsuit is meritless and a waste of the public’s money. Like every other city in California, Huntington Beach has a legal obligation to build its fair share of housing. We will be closely monitoring what the city decides to do next.”

In a state lawsuit against Huntington Beach, a San Diego Superior Court judge ordered last July that the city must pass a compliant housing element within a year. That case is also on appeal.