Developer Wilsons Ventures filed its Appeal too late, according to today’s “Missing Middle” argument in the Supreme Court of Virginia
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Today, a 3-judge panel of the Supreme Court of Virginia heard oral argument from attorney Jay O’Keeffe who represents Arlington County homeowners in their case against the Arlington County Board over its Missing Middle Housing Ordinance – now called Expanded Housing Option (EHO) zoning.
FOX 5 report from Arlington: Virginia Supreme Court hears arguments about Missing Middle
On September 5, 2025, the Court of Appeals ruled that developer Wilsons Ventures should have been allowed to intervene in the case after a 5-day trial was completed and after the trial judge ruled that EHO zoning was void. The Court of Appeals decision did not address the merits of the trial judge’s decision that EHO zoning violated Virginia law.
Read the full press release (PDF)