Huntington Beach denied temporary restraining order in fight with Attorney General; Will Elk Grove use their playbook?





Today California Attorney General Rob Bonta announced the initial efforts by Huntington Beach's attempt to fight off a fair housing lawsuit have failed.


In a press release this afternoon, Bonta said the United States District Court for the Central District of California denied Huntington Beach's request for a temporary restraining order (TRO) in Huntington Beach v. Newsom. The city attempted to stop enforcing state housing laws while litigation is ongoing. 


The attorney general's office opposed the restraining order request arguing that Huntington Beach has no standing to sue in federal court and that the city's lawsuit is baseless. 


"I've said it before, and I'll say it again: local governments don't get to pick and choose which state laws they want to follow. Huntington Beach's lawsuit is another baseless and obstructionist attempt by the city to defy state housing laws," Bonta said. "Our state housing laws are a crucial tool for bringing much-needed affordable housing to our communities." 


Earlier this month, Huntington Beach was sued for violating state housing laws. The lawsuit followed a decision by the Huntington Beach City Council declining to reverse its February 21 action banning the processing of applications for SB 9 projects and ADU projects in violation of multiple state housing laws.  


Last week, the Attorney General's office notified Elk Grove that unless it responds in 30 days reversing its decision on the Oak Rose supportive housing, the city can expect a lawsuit. 


With the 30-day countdown underway, how will Elk Grove respond? Will Mayor Bobbie Singh-Allen and her four city councilmen vow to fight the Attorney General's promise to seek legal remedies as Huntington Beach has, or will it give in and reconsider its Oak Rose decision?


Whatever route Mayor Singh Allen decides to take, one thing appears clear - if they seek a TRO in federal court, they are unlikely to succeed. That is one less delay tactic city attorney Jonathan Hobbs can deploy.   


Huntington Beach has not posted any comments regarding its loss on its website or social media. 


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6 comments

Randy Bekker said...

Huntington Beach’s decision not to build granny flats is much different than the situation with Elk Grove. I think simply put do cities have a right to plan and manage their land use and still follow the law. I don’t think fighting against the state law is what a city should be doing. Nor should the state be so apt to sue. I think a negotiated settlement and the state should become an arbitrator between both sides to a positive outcome.

CCO_EG said...

If we know one thing about Mayor Sing-Allen is that she loves rubbing elbows with high-elected officials in her own "party". She must be embarrassed and humiliated that her AG Bonta is coming down on her with a threat of a lawsuit. It comes as no surprise that a conservative city like Huntington Beach has contention with the democratic state government, but Elk Grove and its self-described "passionate" city council members?


I wonder if other dems around the county will start distancing themselves from mayor Singh-Allen. Perhaps she can seek support from all the district 2 residents who highly opposed the project and claimed that the potential residents would be "pedos". They can all meet at Bob's!

I don't think we will see many selfies between Bonta and the Mayor any time soon!

D.J. Blutarsky said...

In a show of solidarity, I say that our City Council vote to approve Huntington Beach as our sister city and change our city seal to show our elk hanging ten on a surfboard! Kowabunga dude!

Spoons and Forks said...

I know it is of topic, but with all the sincerity my in heart, I want to compliment Randy. You have improved your writing skills a lot.

I notice you now correctly use "and" instead of "an". As someone who is not a native English speaker or writer, I know how difficult writing can be and I appreciate when we can improve ourselves in any aspect.

Spoons and Forks said...

I know this comment is off topic, but with all the sincerity my in heart, I want to compliment Randy. You have improved your writing skills a lot.

I notice you now correctly use "and" instead of "an". As someone who is not a native English speaker or writer, I know how difficult writing can be and I appreciate when we can improve ourselves in any aspect.

Randy Bekker said...

Thank you Spoons and Forks, I appreciate your comment.

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