Cal. Charter Sch. Ass'n v. City of Huntington Park

Good Law
247 Cal. Rptr. 3d 412·35 Cal. App. 5th 362
Court of Appeal of CaliforniaApril 25, 2019B284162California3,242 words

Opinion

Lead Opinion

Dhanidina, J.

*365 The City of Huntington Park (Huntington Park) enacted and extended an urgency ordinance that imposed a temporary moratorium on charter schools while it considered amending its zoning code. The California Charter Schools Association (Association) petitioned for writ of mandate seeking an order directing Huntington Park to invalidate approval of the ordinance on the ground it violated, among other things, the Planning and Zoning Law. ( Gov. Code, 1 § 65000 et seq.) The trial court entered judgment denying the petition and the Association appealed. We hold as a matter of law that the ordinance is invalid because the findings contained therein of "numerous inquiries and requests for the establishment and operation of charter schools" did not amount to a "current and immediate threat" as required by section 65858, subdivision (c) to enact an urgency ordinance.

FACTUAL AND PROCEDURAL BACKGROUND

I. Huntington Park

The facts are not in material dispute. Huntington Park is a small, densely populated working-class general law city 2 in Los Angeles County.

*415 In September of 2016, the Huntington Park City Council held a series of public hearings to consider whether to enact an…

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