The Huntington Beach City Council’s yearslong battle against state housing mandates could be nearing its end after the California Supreme Court refused to hear the city’s arguments for why they shouldn’t have to zone for more housing.
There’s only one court left in the country that has yet to hear their case without ruling against the city – the United States Supreme Court – which has not yet determined if it will hear the case.
Now, city leaders could be facing some big consequences for choosing not to create a state-approved housing plan, including possibly losing control of their own zoning plan or being put in a court receivership.
[Read: How Much is Huntington Beach’s Housing Fight Going to Cost Taxpayers?]
The decision was celebrated by state leaders on Thursday morning, hailing it as the end to a long series of delays in their efforts to force Huntington Beach to make a housing plan.
“Huntington Beach has run out of excuses in our state’s courts,” said Attorney General Rob Bonta in a Thursday statement. “We promised that we would hold Huntington Beach accountable, and we have successfully done so at every turn to date. Our case now returns to the trial court, where we will continue to ensure that the City answers for its unlawful actions.”
Gov. Gavin Newsom also called on city leaders to “end this pathetic NIMBY behavior” in the joint statement.
“They are failing their own citizens by wasting time and money that could be used to create much-needed housing,” Newsom wrote. “No more excuses, you lost once again — it’s time to get building.”
Huntington Beach Mayor Casey McKeon and a city spokesperson did not respond to requests for comment on Thursday morning.
It’s the newest ruling in a lawsuit launched in 2023 by state leaders against a then-newly elected Republican city council majority that promised their top priority would be taking the fight to Sacramento over housing mandates.
[Read: California’s Battle With Huntington Beach Over Housing Goals Heads To Court]
The city has lost at every level of the California courts, and filed their own lawsuit against the state in federal court.
The city’s lawsuit argued that as a charter city, they have the right to ignore state housing laws, but their arguments have been struck down by judges from the US District Court for the Central District of California and the US Court of Appeals for the Ninth Circuit.
[Read: Will Huntington Beach’s Legal Argument of Limited Independence Hold up in Court?]
The city’s last hope for a win on their federal lawsuit lies with the Supreme Court, which receives around 7,000 to 8,000 petitions every year according to their website.
Of those, Justices usually hear about 80 cases, or roughly 1%.
The next hearing over the housing case is scheduled for Jan. 16, where state prosecutors are expected to push for the city to begin facing penalties for its delay in passing a housing plan.
Noah Biesiada is a Voice of OC reporter. Contact him at nbiesiada@voiceofoc.org.





