Circuit judge strikes down Arlington’s ‘missing middle’ housing plan
An Arlington County circuit court judge Friday struck down a county policy that eliminated single-family-only zoning in the Northern Virginia suburb, saying officials did not adequately study the potential impacts of allowing townhouses and small condo buildings in areas not initially planned for them.
Washington Post headline: Circuit judge strikes down Arlington’s ‘missing middle’ housing plan
Washington Post headline: Circuit judge strikes down Arlington’s ‘missing middle’ housing plan
By Teo Armus
Arlington County Circuit Court Judge David S. Schell struck down the County’s Missing Middle zoning change on Sept. 27, 2024, ruling from the bench after a weeklong trial in July. He found the County Board failed to study how the change would affect the neighborhoods where the new buildings would go, including the added strain on sewers.
“The board failed to consider the localized impact of EHO developments in the neighborhoods where it would be built,” Schell told a packed courtroom. The plaintiffs and their supporters cheered.
Schell also sided with the homeowners on three other arguments: the Board did not adopt a proper initiating resolution, it delegated legislative authority without suitable regulations, and it exceeded its state authority on the tree canopy. He ordered the County to stop issuing permits under the zoning change.
Lead plaintiff Marcia Nordgren said the case was about “following the law and following the right procedures.” The ruling, she said, “shows the county can’t pull the wool over the eyes of its own residents and act as if we’re not going to stand up.”
The County said it was disappointed and would explore its options, including an appeal. At the time of the ruling, the County had granted EHO permits for 45 properties.