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City of Irvine v. Southern California Ass'n of Gov'ts, No. G040513

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By FindLaw Staff on July 01, 2009 4:52 PM

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.    

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Appellate Information
Appeal from a judgment of the Superior Court of Orange County, William M. Monroe, Judge. Requests for judicial notice. Judgment affirmed. Requests granted.
FOURTH APPELLATE DISTRICT, DIVISION THREE
Filed: June 30, 2009

Judges
Before RYLAARSDAM, ACTING P.J., MOORE, J., IKOLA, J.
Opinion by RYLAARSDAM, ACTING P.J.

Counsel
For Plaintiff: Rutan & Tucker, Philip D. Kohn and William H. Ihrke.
For Defendant: Fulbright & Jaworski, Colin Lennard; Joanna Africa; Miles Chen Law Group and Patricia J. Chen.

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