In May 2022, RBGG’s client, California Renters Legal Advocacy & Education Fund (CaRLA), a non-profit housing organization, achieved a landmark settlement with the City of Huntington Beach to resolve violations of California’s Housing Accountability Act (Gov’t Code § 65589.5, formerly known as the “Anti-NIMBY Law”).
The controversy arose when the city council disapproved a proposed 48-unit mixed-income apartment building that complied with all applicable planning and zoning regulations, based on pretextual concerns about “health and safety” that the city council manufactured after the fact in response to the threat of litigation.
RBGG was retained to represent CaRLA on three consolidated appeals in the California Court of Appeal arising from key trial court rulings in the matter. RBGG’s team, which included Lisa Ells and Alex Gourse, promptly defeated Huntington Beach’s supersedeas petition and request for immediate stay of the trial court’s orders in favor of CaRLA. RBGG then briefed a motion to dismiss the consolidated appeals for lack of jurisdiction, which was pending when the parties reached the settlement.