Arlington County Board Appeals Decision Declaring Missing Middle Housing/Expanded Housing Options (EHO) Zoning Void

⬇ READ THE FULL PRESS RELEASE (PDF)

Today, the Arlington County Board filed a Notice of Appeal of Judge Schell’s decision declaring EHO zoning void following a five-day trial in July.

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The merits of the appeal are called into question in an article authored by the County Board’s own private law firm in the case, Gentry Locke. The article is intended to help local governments avoid litigation later by not making mistakes in adopting zoning measures. The article concludes: “Procedural errors are fatal. A locality cannot win if there has been a procedural error in the zoning process.”

Read the full press release (PDF)