City of Coronado v. San Diego Assn. of Governments
Annotate this CaseThe City of Coronado, City of Imperial Beach, City of Lemon Grove, and City of Solana Beach (collectively “the Cities”) filed a combined petition for writ of administrate mandate and complaint for injunctive and declaratory relief against the San Diego Association of Governments and its board of directors (The Board) (collectively SANDAG). In their petition/complaint, the Cities maintained that SANDAG denied them a fair hearing when deciding the Cities’ administrative appeals of SANDAG’s regional housing needs assessment (RHNA): (1) by unfairly using a “weighted vote” procedure in which member jurisdictions cast votes based on their respective populations rather than a “tally vote” in which each member jurisdiction has a single, evenly-weighted vote; and (2) certain members of the Board were biased against the Cities and that their decision to deny the Cities’ administrative appeals was “predetermined,” thereby “rendering the decision on the [a]ppeals invalid.” In their prayer for relief, the Cities requested that the trial court enter a judgment “rescind[ing],” the “Final RHNA allocation.” The trial court sustained SANDAG’s demurrer without leave to amend, and entered judgment in its favor. On appeal, the Cities contend that the trial court erred in concluding that City of Irvine v. Southern California Assn. of Governments, 175 Cal.App.4th 506 (2009) precluded their action. The Cities also argued the Legislature’s 2004 deletion of the prior provision authorizing judicial review of an RHNA allocation was “not determinative” as to the court’s jurisdiction to entertain the Cities’ challenge to the fairness of the RHNA process in this case. The Court of Appeal concurred with the trial court that City of Irvine controlled, and barred the Cities' action.
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