Arlington's Fight Over Building 6 Homes On 1 Lot Isn't Over: Here's What Comes Next

ARLINGTON, VA — The rules that let developers replace a single-family house with up to six homes on one Arlington property could face another legal challenge after Virginia's highest court takes up a dispute over the county's Missing Middle housing policy later this month.

The Virginia Supreme Court will hear arguments Oct. 28 in a years-long lawsuit over the zoning changes. Although the hearing won't directly determine whether the rules are legal, its outcome could influence whether the court reconsidered an earlier ruling that struck them down.

However, the justices will not decide whether the zoning changes themselves are legal. Instead, they will consider whether a developer should have been allowed to join the lawsuit after a five-day trial ended in 2024.

The procedural question could have major consequences for the larger case, potentially determining whether an earlier ruling striking down the zoning ordinance receives further consideration.

According to a news release from homeowners challenging the ordinance, neither Arlington County nor developer Wilsons Ventures filed briefs for the upcoming hearing. The homeowners' attorney, James "Jay" O'Keeffe, is expected to present arguments.

How Arlington's Missing Middle Zoning Works

The Arlington County Board adopted the Expanded Housing Option ordinance in March 2023 as part of an effort to increase housing choices in one of Northern Virginia's most expensive communities.

Related: Arlington's Missing Middle Plan Moves Forward After County Board Vote

The changes allow qualifying properties in areas previously restricted to single-family homes to accommodate buildings containing up to six housing units, including duplexes, townhouses and small multifamily buildings.

County leaders have argued that allowing more housing types could help address Arlington's limited housing supply and provide alternatives to traditional single-family homes.

Opponents contend that the changes increase neighborhood density without adequately addressing potential effects on traffic, parking, stormwater runoff and infrastructure.

A group of homeowners challenged the ordinance, arguing that the county failed to follow Virginia law when adopting the zoning changes.

In 2024, Arlington Circuit Court Judge David Schell ruled in favor of the homeowners, finding that the county had failed to adequately consider localized impacts, follow required procedures and comply with state tree canopy requirements.

The ruling invalidated the ordinance and prevented the county from issuing additional Expanded Housing Option permits.

Why The Case Is Back In Court

The legal battle took another turn in September 2025, when the Virginia Court of Appeals reversed the lower court's judgment.

The appellate judges determined that Wilsons Ventures, a developer with projects affected by the zoning dispute, should have been allowed to participate in the case.

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

The developer had sought to intervene after the trial, arguing that the outcome could substantially affect its property interests.

The appeals court agreed that the developer had a sufficient interest in the litigation to warrant participation.

The ruling effectively restored Arlington's Missing Middle ordinance, allowing the county to resume accepting applications for qualifying developments.

However, the appellate court did not decide whether the original zoning changes complied with Virginia law.

The homeowners subsequently asked the Virginia Supreme Court to review the decision, arguing that the developer's attempt to join the case came too late.

The Supreme Court agreed in May to hear the appeal.

What Happens Next?

The Oct. 28 hearing will focus on whether the Court of Appeals was correct to reverse the trial court's decision concerning the developer's participation.

If the Supreme Court sides with the homeowners, the case could return to the appellate court for further consideration of the original ruling that invalidated the zoning ordinance.

If the justices uphold the appellate decision, the case could proceed with the developer participating in further litigation.

Neither outcome would necessarily resolve every legal question surrounding Arlington's Missing Middle zoning.

The homeowners opposing the ordinance have also raised concerns about housing affordability, arguing that newly constructed units have been selling for $1.2 million to $1.6 million, with some rentals exceeding $4,000 per month.

Those figures were provided by the homeowners and have not been independently verified.

The county has maintained that its zoning changes were adopted legally and are part of a broader effort to expand housing options.

The Supreme Court hearing is scheduled for 9 a.m. Wednesday, Oct. 28, in Richmond. A ruling is expected at a later date.