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federal appeals court has upheld a lower court's decision to dismiss Huntington Beach's lawsuit challenging California's housing law, which requires the city to plan for thousands of new homes. The three-judge panel from the U.S. 9th Circuit Court of Appeals unanimously agreed that the case should be dismissed, dealing another blow to the city's efforts to exert local control over zoning and development.
Huntington Beach officials had filed a federal lawsuit in March last year, just hours after the state sued the city for refusing to rezone areas for 13,400 homes by 2029. Mayor Gracey Van Der Mark has vowed to appeal the decision to a larger court or even the Supreme Court. The city's charter city status is not enough to exempt it from state housing laws, according to the appeals court judges.
California Governor Gavin Newsom and Attorney General Rob Bonta celebrated the appellate court decision, calling it another example of Huntington Beach's "cynical attempt" to prevent the state from enforcing its housing laws. The governor emphasized that every city must follow state law and do its part to build more housing. City officials plan to request a hearing from a larger panel of judges or petition the U.S. Supreme Court to hear the case, saying they will continue to fight for local control over zoning and development.
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