Judge David Schell ruled against the county on four counts, citing failures to properly consider local impacts, follow correct procedures, and comply with state tree canopy regulations during the adoption of the amendments. Consequently, the county is no longer authorized to issue permits under the Expanded Housing Option, which allowed multi-unit buildings on properties formerly restricted to single-family homes. After the ruling, the plaintiff shared an emotional moment with other opponents of the zoning changes, which had been approved by the Arlington County Board in 2023. The plaintiff expressed satisfaction with the court's decision, stating that their legal efforts had made a significant impact.

 In a recent ruling, the judge highlighted concerns raised by witnesses regarding potential wastewater backups and overflows that could result from additional housing developments, particularly the impact on stormwater and sewage infrastructure.

While a county expert testified that Arlington's infrastructure could handle the expected growth, the judge noted that there was no evidence that the county considered potential overflows or other localized impacts. The lack of consideration for the effects of increased sewage was a key issue in the ruling.

From a procedural standpoint, the judge pointed out that a County Board resolution to advertise did not clearly state the intent to amend the zoning ordinance. Furthermore, the Board's ordinance was found to have improperly delegated legislative responsibilities to county staff.

Additionally, the ruling identified that the EHO zoning does not meet the tree planting and placement requirements outlined in the Virginia Code.

What's the controversy

The Missing Middle initiative continues to be one of the most debated topics in Arlington. Supporters view it as a crucial step toward expanding the housing supply and improving affordability in a market where rising prices are making the area less accessible to middle-income households. However, critics argue that the new homes resulting from the zoning changes may still be too expensive for those same households.

Concerns about the impact on county infrastructure have also fueled opposition. Several proposed Expanded Housing Option (EHO) developments, including one located just a half mile from a Metro station, have faced resistance from neighbors worried about parking and changes to the character of their neighborhoods.

The conversation intensified further in July when the Arlington NAACP joined the discussion, raising issues of racial equity. They argued that single-family zoning has roots in discriminatory practices and that rolling back Missing Middle would hinder progress on racial equity.

These zoning changes even played a central role in this year’s Democratic County Board primary, where a Missing Middle supporter, JD Spain Sr., won the race.

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What's Next?

The Arlington County Board is planning to revisit its approach to affordable housing following a recent court ruling. While the judge’s decision struck down portions of the zoning changes related to the Expanded Housing Option (EHO), it did not rule out the possibility of the Board passing similar measures again. The bulk of the zoning was upheld as not being arbitrary or capricious.

In response to the ruling, a county spokesperson expressed disappointment and stated that the Board is reviewing the decision to determine next steps. The Board remains focused on providing housing options that meet the diverse needs of Arlington’s community and is considering an appeal as one of its potential paths forward.

Stay tuned for the next round of law suits.