Arlington County’s affordable housing plan can go forward for now, after a ruling by a Virginia appeals court Tuesday.
The Virginia Court of Appeals ruled homeowners suing Arlington over its policy eliminating single-family housing didn’t involve the necessary parties in the lawsuit and was therefore dismissed.
According to court documents, the homeowners needed to give the real estate developers who built under that revised zoning ordinance the option to come to court.
Since those developers weren’t included, the homeowners’ suit could be refiled and kicked back to a lower court for review.
Tuesday’s ruling is a continuation of an ongoing, yearslong legal saga. ARL Now was first to report on the development.
A timeline of the legal battle over the ‘Missing Middle’
Back in March 2023, the Arlington County Board voted unanimously to pass the “Expanded Housing Options” ordinance, commonly known as the “Missing Middle” policy. It would eliminate single-family housing only zoning and allow the development of small apartment buildings, duplexes, and town houses in neighborhoods.
Supporters said the zoning changes would bring in more options for families who can’t afford single-family homes, which on average go for more than $1 million in the county. Currently, options are slim for moderately priced homes, since 75% of residential land is zoned for single-family homes only, according to the county.
The controversial plan led to heated debates and packed board meetings. Opponents, many of whom are single-family homeowners, expressed concerns ranging from increased traffic in neighborhoods, to strains on schools and infrastructure. Some also claimed the plan puts developers and people who don’t live in the county first, over current residents.
A group of homeowners filed a lawsuit, alleging county leaders did not thoroughly study the potential impact of the ordinance. An Arlington County circuit court judge then struck down the plan in September 2024, pausing development projects.
However, a panel of judges reversed that ruling Tuesday, effectively allowing the Arlington County’s Expanded Housing Options ordinance to move ahead. The judges said the homeowners’ lawsuit should have included the real estate developers involved in those projects.
The homeowners would have the option to refile the suit after contacting the real estate developers — who the court considers to be “indispensable parties to the litigation,” according to court documents.
In a statement, the county said it “will consider its next steps and how to best resume the EHO permitting process, including how to inform previous applicants who were either in the process or had their approved permits voided last fall.”
WTOP’s Jessica Kronzer contributed to this report.