Arlington 'Missing Middle' Ordinance Struck Down By Judge: Reports

ARLINGTON, VA — An Arlington County circuit court judge struck down Arlington’s “missing middle” ordinance, saying the county hadn’t adequately studied the impact of increasing housing density on areas that had previously been zoned for single-family homes, according to reports.

Judge David Schell ruled against the county, finding that its Expanded Housing Options zoning policy did not address residents’ concerns over the impact increased density would have on the county’s stormwater system, according to ARLNow.

In addition, the county violated state tree canopy requirements and did not follow proper procedure, ARLNow reported.

Neighbors for Neighborhoods Litigation Fund LLC was created in 2023 to provide funding for the litigation to have Arlington County’s EHO zoning ordinance declared void.

In their lawsuit, the plaintiffs argued that Arlington County violated the Code of Virginia by failing to conduct studies of the impact of increased density on infrastructure, such as roads, stormwater, and schools before the Arlington County Board voted to adopt the EHO zoning ordinance.

Related: Judge Rejects Arlington's Effort To Stop Missing Middle Zoning Lawsuit

“We’re pleased with the decision because we think the judge arrived at the correct result,” Gifford Hampshire, a lawyer for the plaintiffs, said Friday morning, as reported by The Washington Post.

The ruling is a legal win for the homeowners who had opposed the controversial housing plan, but Arlington officials are expected to appeal the ruling.

Advocates said the change would reverse exclusionary rules and open up an expensive real estate market, The Post said. But opponents of “missing middle” argued it would stress municipal services and eliminate trees.

Judge Schell said, “The board failed to consider the localized impact of EHO developments in the neighborhoods where it would be built.”

The new housing zoning policy was approved by the Arlington County Board in March 2023 and went into effect on July 1, 2023. The county had approved a cap of 58 permits in one calendar year, with the cap scheduled to sunset at the end of 2028.

In the first six months of the new policy, 26 properties have been approved for multifamily development, with the projects concentrated in the smallest residential districts, totaling 5,000 and 6,000 square feet of land.