Three-Judge Panel of the Court of Appeals Rules in Favor of Developer on Missing Middle Housing: Homeowners Will Continue the Fight in the Appellate Courts

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On September 5, 2025, a three-judge panel of the Court of Appeals of Virginia ruled against Arlington homeowners and in support of developer Wilsons Ventures.

Exterior of the Arlington County Courthouse

The decision reverses, for now, the September 2024 trial court ruling that Missing Middle Housing is invalid.

This ruling is yet another flip-flop by the panel, which ruled for the developer on June 24th. Then the panel ruled for the homeowners after they sought rehearing of that decision and presented oral arguments on July 7.

Read the full press release (PDF)