California Court of Appeal

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City of Irvine v. Southern California Ass'n of Gov'ts, G040513

Trial court judgment sustaining demurrer filed by defendant without leave to amend and dismissing the action is affirmed where the court properly found it lacked jurisdiction to review the propriety of plaintiff's regional housing needs assessment allocation as the administrative procedure established under Government Code sect. 65584 to calculate a local government's allocation of the regional housing needs assessment is intended to be the exclusive remedy for the municipality to challenge that determination, and reflect a clear intent to preclude judicial intervention in the process.

Appellate Information

  • Decided 06/30/2009
  • Published 06/30/2009

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Rutan & Tucker, Philip D. Kohn and William H. Ihrke, Costa Mesa, for Plaintiff and Appellant., Stephen P. Wiley, City Attorney (Santa Barbara), and N. Scott Vincent, Assistant City Attorney, for the City of Santa Barbara, the City of Arroyo Grande, the City of Bradbury, the City of Carlsbad, the City of Colton, the City of Cypress, the City of Diamond Bar, the City of Laguna Beach, the City of Lodi, the City of Nevada City, the City of Pasadena, the City of Pismo Beach, the City of Pittsburg, the City of Pleasanton, the City of Reedley, the City of San Luis Obispo, the City of Signal Hill, the City of Vista, the City of Westlake Village, the City of Yorba Linda, the Town of Apple Valley and the Town of Paradise, as Amici Curiae on behalf of Plaintiff and Appellant.

  • For Appellees:
  • Fulbright & Jaworski, Colin Lennard;  Joanna Africa;  Miles• Chen Law Group and Patricia J. Chen for Defendant and Respondent., Kenneth K. Moy, Oakland, for Association of Bay Area Governments as Amicus Curiae on behalf of Defendant and Respondent.
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