City of La Mirada v. South. Cal. Assn. of Governments
At issue in this consolidated appeal is whether a local governments allocation of the regional housing needs assessment (RHNA), made pursuant to Government Code section 65580 et seq.[1](the RHNA Law), is subject to judicial review, or whether the remedy is exclusively administrative. The City of Palmdale and the City of La Mirada (the Cities) appeal from the judgments dismissing their petitions for writ of mandate (Code Civ. Proc., 1094.5) seeking to direct defendant Southern California Association of Governments (SCAG) to revise its allocation of the regional housing needs assessment for the Cities. The same issue was raised by the City of Irvine. While this case was on appeal, the Fourth District Court of Appeal issued its opinion in City of Irvine v. Southern California Assn. of Governments (2009) 175 Cal.App.4th 506 (Irvine), review denied October 14, 2009, holding that the administrative procedure in section 65584 et seq. is intended to be the exclusive remedy. (Irvine, supra, at p. 510.) Court conclude that the analysis in Irvine is well-reasoned and persuasive, and the Cities have not demonstrated satisfactorily why we should not follow it. Accordingly, Court affirm the judgments.
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