Newsom

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CITY OF HUNTINGTON BEACH, No. 23-3694 a California Charter City and D.C. No. Municipal Corporation; 8:23-cv-00421-

HUNTINGTON BEACH CITY

FWS-ADS

COUNCIL; TONY STRICKLAND,

Mayor of Huntington Beach; GRACEY VAN DER MARK, Mayor ORDER Pro Tem of Huntington Beach,

Plaintiffs - Appellants,

v.

GAVIN NEWSOM, individually and in his official capacity as Governor of the State of California; GUSTAVO VELASQUEZ, in his official capacity as Director of the State of California Department of Housing and Community Development;

CALIFORNIA DEPARTMENT OF

HOUSING AND COMMUNITY

DEVELOPMENT; DOES, 1-50,

inclusive; SOUTHERN

CALIFORNIA ASSOCIATION OF

GOVERNMENT,

Defendants – Appellees. Filed April 21, 2025

Before: Richard C. Tallman, Ryan D. Nelson, and Daniel A. Bress, Circuit Judges.

ORDER

Judge R. Nelson and Judge Bress voted to deny the petition for rehearing en banc. Judge Tallman recommended denying the petition for rehearing en banc. The full court was advised of the petition for rehearing en banc. A judge requested a vote on whether to rehear the matter…