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.
Cover of the homeowners' Opening Brief in Nordgren v. County Board of Arlington, Supreme Court of Virginia, Record No. 250919
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/plaintiffs/Nordgren 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 this opening brief June 29.