Huntington Beach can't challenge the constitutionality of state laws in US court, panel says

The city of Huntington Beach and its elected officials do not have standing to challenge the constitutionality of state housing laws in federal court, a 9th U.S. Circuit Court of Appeals panel ruled Wednesday, citing a 44-year-old precedent.

The panel made short work of Huntington Beach City Attorney Michael E. Gates' argument, taking nine days and less than four pages to affirm U.S. District Judge Fred W. Slaughter's ruling against the Orange County beach town. City of Huntington Beach et al. v. Newsom et al., 23-3694 (9th Circ., filed Nov. 22, 2023).

In a phone interview after the unpublished decision was issued, Gates said he would ask the full 9th Circuit to review the decision en banc. "It misstates the law," he said.

The panel ruling relies on the 9th Circuit's 1980 precedent, "which forbids political subdivisions and their officials from challenging the constitutionality of state statutes in federal court," according to the decision. City of South Lake Tahoe v. California Tahoe Regional Planning Agency, 625 F.2d 231 (9th Circ., 1980).

"We are not persuaded by the City's efforts to differentiate South Lake Tahoe," the panel added. "The City argues that our standing bar does not apply because Huntington Beach is a charter city, which it claims is not a 'political subdivision.' Yet our precedent has applied South Lake Tahoe's standing rule to California's charter cities."

Huntington Beach has battled against the state's housing laws, which require construction of multiple-family dwellings in single-family neighborhoods.

But last week, the 9th Circuit panel dominated by Republican appointees was not persuaded that Gates had standing to sue. He conceded the case was one of first impression.

Gov. Gavin Newsom, who has been pressuring recalcitrant cities to build more high-density housing, hailed the ruling.

"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," read a statement from Newsom. "No more excuses -- every city must follow state law and do its part to build more housing."

Huntington Beach's other opportunity is in state court.

While San Diego County Superior Court Judge Katherine Bacal ruled in May that the city violated the state's housing element law, Huntington Beach filed a notice of appeal with the 4th District Court of Appeal last month. People v. City of Huntington Beach et al., D084749 (4th District Court of Appeal, filed Sept. 4, 2024).

Briefs have not been filed in the state appeal.