The Clovis City Council voted unanimously Monday to appeal a court decision that found its Housing Element out of compliance with state law.

Clovis contends that the state approved its Housing Element, which allows for high density housing on multiple sites throughout the city, according to a news release.

Central California Legal Services is the petitioner in the case. CCLS participated in the state review, but the court chose to reject the state’s decision approving the Housing Element because selected sites could also be developed with other, lower density housing, according to the release.

“In the ruling, the court acknowledges that it is not the city’s responsibility to develop low income housing, only to have sites available,” according to the City of Clovis release.

City officials pointed to the groundbreaking last week of Butterfly Gardens, an affordable housing project in Clovis that will house up to 73 individuals. It is being built at a location zoned for high-density housing.

CCLS maintains the city discriminates against low-income households in the execution of its Housing Element. Clovis officials believe it doesn’t.

Mayor Jose Flores said, “Although we appreciate the court saying we’re not discriminating against low income households here in Clovis, we need to be able to utilize our Housing Element in order to make land available for developers. Butterfly Gardens is proof-positive that this private-public partnership can and will work in the City of Clovis. Other developers are in talks right now to build additional affordable housing in our city. We have worked with the state as required by law. We have followed the plan approved by the state. It is essential that we be allowed to stay the course.”

Work has already started on the next Housing Element Cycle, scheduled to be completed in 2023.