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Cities’ Response to Attorney General’s Appeal of Favorable Judgment for Cities Striking Down SB9 as Unconstitutional

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In Carson, we are pro-housing and have completed many affordable housing projects over the years. This lawsuit is not about housing, it’s about ensuring that the State follows the constitution.
— Lula Davis-Holmes, Mayor of Carson
CARSON, CA, UNITED STATES, June 25, 2024 /EINPresswire.com/ -- On June 18, 2024 in Los Angeles Superior Court, Judge Curtis Kin entered judgment in favor of five petitioner cities: City of Carson, City of Redondo Beach, City of Torrance, City of Whittier, and City of Del Mar, all represented through the law firm of Aleshire & Wynder as the litigation lead, in their case (Case #22STCP01143) challenging the constitutionality of SB 9. Judge Kin’s Judgment, a copy of which can be found here, clearly states that “Senate Bill 9 (as codified in Government Code Sections 65852.21, 66411.7, and 66452.6) is unconstitutional.” This judgment vindicates – in unequivocal terms – the petitioner cities’ raison d'être for bringing this lawsuit: to ensure that the State respects important constitutional values of separation of powers before enacting laws that limit Charter cities’ constitutionally granted local control.

On June 21, 2024, the California Attorney General filed a notice of appeal in an attempt to reverse the judgment. Despite the fact that SB 9 has not been amended in any way to cure its constitutional deficiencies since Judge Kin entered judgment in favor of Petitioner cities, the Attorney General files this appeal to relitigate this case. Mayor Lula Davis-Holmes from the City of Carson responded to this appeal, stating, “In Carson, we are pro-housing and have completed many affordable housing projects over the years. For example, we opened a remarkable 51-unit affordable housing complex called Veterans Village where monthly rents run from $15 to $1,800, depending on need. This lawsuit is not about housing, it’s about ensuring that the State follows the constitution.” Councilmember Nils Nehrenheim from the City of Redondo Beach expressed disappointment upon learning about this appeal, stating, “It is a shame that the Office of the Attorney General is wasting taxpayer dollars to bring this appeal instead of fixing the constitutional mistake they’ve made. Taxpayer dollars would be better spent if the State complied with its constitutional mandate.”

For more information, please contact Sunny K. Soltani at ssoltani@awattorneys.com or (949)-533-8155.

Sunny K. Soltani
Aleshire & Wynder, LLP
+1 949-553-8155
email us here

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