Arlington County and Wilsons Ventures Forfeit Briefs

MEDIA ADVISORY — July 29, 2026

Contact: Jay Hamilton, info@neighborsforneighborhoods.org, 240-515-1816

Homeowners Stand Alone Before VA Supreme Court in Missing Middle Case

The filing deadline has passed, and neither Arlington County nor Wilsons Ventures filed briefs before the Supreme Court of Virginia. (see attached court document) 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), also known as Missing Middle, with both the County and the developer effectively conceding this round of the case.

Background

After a five-day trial, an Arlington Circuit Court judge voided EHO on October 24, 2024. Wilsons Ventures appealed, and on September 5, 2025, the Virginia Court of Appeals ruled the developer should have been allowed to intervene even after trial had ended and its deadline to do so had passed — reopening EHO permitting and clearing the way for multiplexes across the county.

The homeowners asked the Supreme Court of Virginia to review that ruling, arguing Wilsons Ventures missed its filing deadline. The Court heard argument on the petition April 8, 2026, and agreed to take up the case on May 19. Homeowners' attorney Jay O'Keeffe filed their opening brief June 29. Arlington County and Wilsons Ventures then had their own deadline to file responsive briefs — and both let it pass, forfeiting their right to be heard when the case is argued this fall.

Statements

Jay Hamilton, Neighbors for Neighborhoods:

"Facing a very likely loss in the Supreme Court of Virginia, Wilsons Ventures has essentially given up its claim that it should have been allowed to intervene in the EHO case after the trial was over and the judge ruled EHO void. Perhaps the developer sought to have EHO reinstated so it could finish its own multi-unit projects that were in limbo. Wilsons Ventures has sold units at 5041 and 5043 S. 25th Street for $1.2 million and $1.25 million, respectively, and is nearing completion on three townhouses at 1225 N. Quincy Street. This diversionary tactic worked — Wilsons Ventures appears to have achieved its goals."

"A ruling in favor of the homeowners at the Supreme Court of Virginia would send the case back to the Court of Appeals, where Arlington County's lawyers had yet to begin appealing the trial judge's decision that voided EHO. In the process, the Virginia Supreme Court could halt EHO zoning and construction. Developers are proceeding now at their own risk — something the County won't tell them."

"Neighbors for Neighborhoods hopes the Arlington County Board does the right thing and admits defeat, settles the lawsuit, and reworks its zoning policy. A FOIA request shows that the County has already spent $1.6 million in outside legal fees – not counting in-house counsel – defending a misguided policy and a broken promise of affordable housing."

Attached are the court documents. For more information and the full court case timeline, visit: https://www.neighborsforneighborhoods.org