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Panel of the Virginia Court of Appeals Reverses Its Order: Missing Middle/EHO Zoning Is Invalid in Arlington
⬇ READ THE FULL PRESS RELEASE (PDF)
On June 24, 2025, a three-judge panel of the Virginia Court of Appeals issued an order reversing the trial judge’s ruling that Missing Middle Housing/Expanded Housing Options (EHO) zoning was invalid.
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The order did not address the merits of why the trial judge ruled that EHO zoning violated Virginia law. Instead, it held that the trial judge should have allowed a developer to intervene in the case, even though the request to intervene came after the 5-day trial was over and the judge had decided against the County Board.
Read the full press release (PDF)
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