Calif. City Denied TRO in Housing Fight With State
West Coast Land Use and Environment attorney Daniel Golub was quoted by Law360 in an article discussing the lawsuit filed by the city of Huntington Beach against the state government regarding compliance with state housing law mandates. The judge found that the city had not provided sufficient evidence to justify emergency relief and that there was no imminent threat of fines or penalties from California authorities. Mr. Golub stated that the city's claims face substantial obstacles and suggested that the federal case may be remanded to Orange County Superior Court.
"Courts have found over and over again that charter cities are not immune from complying with state housing laws. Every time a new state housing law comes out, you'll see an argument that it's not constitutional, but so far they have not gotten a strong airing in the courts," he said.
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