VIRGINIA SUPREME COURT SETS MISSING MIDDLE HEARING: OCTOBER 28, 9 A.M.

 

ARLINGTON, VA, October 13, 2026 — The Supreme Court of Virginia has scheduled oral argument for October 28, 2026, at 9:00 AM in Nordgren v. Arlington County Board, the ongoing legal battle over Arlington County’s Expanded Housing Option (EHO) – also known as Missing Middle – that eliminates single-family zoning. This hearing is not about the merits of the case. It is over a procedural question: whether a developer should have been allowed to intervene in the case after the trial was over.

 

In a highly unusual move, neither Arlington County nor developer Wilsons Ventures filed a brief in this case, and neither will give oral argument. Instead, the Virginia Supreme Court Justices will hear only from the homeowners’ (Nordgren) attorney, James “Jay” O’Keeffe.

 

At issue is whether the Court of Appeals erred when it reversed the trial court’s decision not to allow Wilsons Ventures to intervene. The developer asked to join the case only after the 5-day trial had ended and the trial judge ruled EHO invalid under Virginia law. The developer had two EHO projects in the works.

 

Case Background & Legal Timeline

 

• September 2024: An Arlington Circuit Court judge ruled in favor of local homeowners, declaring EHO zoning illegal and voiding the ordinance. The judge also denied Wilsons Ventures’ motion to intervene.

• September 2025: The Virginia Court of Appeals reversed the Circuit Court’s ruling with respect to Wilsons Ventures. As a result, EHO became valid again. The Court of Appeals did not review the merits of the case: that EHO was illegal because it violated Virginia law.

• Present: Homeowners appealed to the Supreme Court of Virginia, which agreed to review the appellate ruling.

 

Community Impact & What’s at Stake

 

EHO zoning has failed to produce a single affordable unit for moderate-income households. Instead, units have sold for between $1.2 million and $1.6 million each. And rental units cost more than $4,000 per month.

 

The increased density of EHO development is straining neighborhoods, with more traffic, more cars parked on the street and likely more stormwater runoff. Case in point: an EHO project under construction at 2401 N. Potomac Street replaced one single-family house with six townhouses. Instead of two or three bathrooms and one kitchen in the original house, there will be 18 or more bathrooms and six kitchens.

 

If the Supreme Court rules in favor of the homeowners, the case will return to the Court of Appeals to address the primary legal question: whether the trial judge was correct in ruling that EHO zoning violates Virginia law. The original trial decision could be reinstated, voiding EHO again.

 

Briefs to the Supreme Court of Virginia

 

• Homeowners’ Opening Brief · June 29, 2026 (PDF)

• Oral Argument on the Petition: Audio · April 8, 2026

• Oral Argument on the Petition: Transcript · April 8, 2026 (PDF)

 

To review court filings, legal briefs, and timelines, visit:
https://www.neighborsforneighborhoods.org/courtcase