On May 1, the Arlington County Board appealed the September 2024 decision by a local judge that invalidated the Missing Middle zoning reform (known in the zoning code as Expanded Housing Options or EHO). The County asserts that “the court committed clear legal error. It misread the applicable statutes and added requirements where none exist. It also failed to apply settled legal principles that limit judicial review of legislative acts and define when the courthouse doors are open to challenge those acts. These errors tainted the court’s rulings on all claims.”
The YIMBYs of NoVA welcome this appeal, particularly in light of the initial evidence that EHO permits were achieving the County’s goals.
YIMBY Law provided a summary of the case and the appeal which you can read here.