Homeowners Stand Alone Before Virginia Supreme Court in Missing Middle Case – Arlington County and Wilsons Ventures Go Silent

​​​​​​​The filing deadline has passed, and neither Arlington County nor Wilsons Ventures filed briefs before the Supreme Court of Virginia. That leaves the homeowners in Nordgren v. Arlington County Board as the only party arguing before the state's highest court this fall. It's a dramatic turn in the fight over Arlington's Expanded Housing Option (EHO) zoning, also known as Missing Middle, with both the County and the developer effectively conceding this round of the case.

Surprising Support to Study Bond for Affordable Housing

Jay Hamilton with Neighbors for Neighborhoods pledged to support real efforts to make housing affordable for Arlington's low- and moderate-income families. Last year, Arlington was short more than 8,000 of those units. Neighbors for Neighborhoods supports the County Manager's proposal to study using bond funds to expand Arlington's investment in affordable housing.

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Legal Brief filed at VA Supreme Court

The EHO brief is filed. The Nordgren/homeowners' attorney, Jay O'Keeffe, lays out exactly where the Court of Appeals went wrong. He makes the case to reinstate the trial court's original ruling that EHO (Expanded Housing Option) is illegal. Once the County and developer file their opposing briefs and the homeowners reply, the Court will set a hearing date.​​

(click on PDF)

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Arlington Homeowners Score Victory in Missing Middle Litigation

Today, the Supreme Court of Virginia agreed to review a decision of the Virginia Court of Appeals in Arlington’s Missing Middle Housing/Expanded Housing Option (EHO) litigation. This is a victory for the Arlington homeowners who prevailed at trial in 2024 in their suit against the Arlington County Board to have EHO declared illegal, but then saw that ruling reversed by the Court of Appeals in September 2025.  (click on PDF)  (ARLNow)

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The Reality of EHO in Arlington County

Detailed study by Neighbors for Neighborhoods finds EHO failed to live up to the County’s initial goals  (click on PDF)

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Developer Wilsons Ventures filed its Appeal too late, according to today’s “Missing Middle” argument in the Supreme Court of Virginia  (click on PDF)

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Amid What the Arlington County Board Calls “Chaos” 

re: its Missing Middle Housing/Expanded Housing Options (EHO) Ordinance, 47 EHO Permits “Approved” 

(read release)

David Gerk blames County Board for Chaos and Urges them to Stop Permitting (click on PDF)

Citizen/Plaintiffs ask Virginia Supreme Court to block new permits (ArlNow)

HOMEOWNERS, HOMEBUYERS, RENTERS, AND DEVELOPERS BEWARE: ARLINGTON COUNTY AGAIN TO ISSUE MISSING MIDDLE HOUSING (EHO/Expanded Housing Option) PERMITS

(read release) 

ARLINGTON HOMEOWNERS SEEK REVIEW IN THE SUPREME COURT OF VIRGINiA RE: DEVELOPER’S CLAIM THAT IT SHOULD HAVE BEEN ALLOWED TO INTERVENE IN THE MISSING MIDDLE ZONING CASE 

(read release)

THREE-JUDGE PANEL OF THE COURT OF APPEALS RULES IN FAVOR OF DEVELOPER ON MISSING MIDDLE HOUSING: HOMEOWNERS WILL CONTINUE THE FIGHT IN THE APPELLATE COURTS 

(read release)

PANEL OF THE VIRGINIA COURT OF APPEALS REVERSES ITS ORDER: MISSING MIDDLE/EHO ZONING IS INVALID IN ARLINGTON

(read release) 

Homeowners in the EHO litigation filed an Expedited Motion for Stay of the June 24 Order in the Virginia Court of Appeals 

(read release)

ARLINGTON COUNTY BOARD APPEALS DECISION DECLARING MISSING MIDDLE HOUSING/EXPANDED HOUSING OPTIONS (EHO) ZONING VOID 

(read release)

JUDGE’S FINAL ORDER FINDS COUNTY FAILED TO INFORM PUBLIC OF “INCONSISTENCIES” DURING EHO CONSIDERATION. County Board Announces That it Will Appeal Judge’s Ruling That EHO is Void 

(read release)

JUDGE DECLARES EXPANDED HOUSING OTIONS (EHO) ZONING VOID: County must stop issuing EHO permits 

(read release)

JUDGE TO ISSUE RULING IN ARLINGTON’S EXPANDED HOUSING OPTIONS (EHO) LAWSUIT FRIDAY, SEPTEMBER 27 10:00 a.m. - Courtroom 11A 

(read release)

JUDGE REJECTS COUNTY’S EFFORTS TO EXCLUDE EVIDENCE FROM THE MISSING MIDDLE HOUSING/EXPANDED HOUSING OPTIONS (EHO) TRIAL 

PLAINTIFFS’ OPENING STATEMENT: COUNTY UNDERESTIMATED THE PACE OF GROWTH OF EHO DEVELOPMENT – KEPT FACTS FROM THE PUBLIC 

(read release)

ARLINGTON COUNTY BOARD SUBPOENAS RESIDENTS TO FIND OUT WHO SUPPORTS THE LAWSUIT AGAINST IT IN THE MISSING MIDDLE HOUSING/EXPANDED HOUSING OPTIONS (EHO) ZONING CASE AND WHO HAS SAID WHAT IN OPPOSITION TO EHO ZONING 

(read release)

Homeowners win again: Judge denies County’s motion to appeal his ruling that plaintiffs have standing to sue over Missing Middle Housing/Expanded Housing Options (MMH/EHO) zoning 

(read release)

Judge Sets Trial Date in Missing Middle Housing Case. County Claims That its Zoning Decision Should not be Reviewed by the Court

(read release)

A Huge Win for Arlington Residents: Judge Denies County’s Motions to Dismiss MMH/EHO Litigation: Case Going to Trial on Six of Seven Counts in the Complaint 

(read release)

Homeowners get their day in court challenging the County’s Expanded Housing Options (EHO)/Missing Middle Zoning 

(read release)