Arlington's controversial 'missing middle' housing policy to stay in place following court ruling
Controversial missing middle plan back on track after court decision
The controversial missing middle saga continues in Arlington after Virginia’s Court of Appeals reversed and kicked a case back down to the lower court.
ARLINGTON COUNTY, Va. - The controversial saga of the "missing middle" housing policy continues in Arlington after a Virginia appeals court reversed and kicked a case back down to the lower court.
Ultimately, developers can tear down a single-family home and replace it with multi-family homes, all in an attempt to expand access to affordable housing in Arlington County.
This latest court ruling reverses a block on the missing middle, allowing development of multi-unit buildings to proceed—at least for now.
What they're saying:
Some say the latest court ruling is a big win for affordable housing and developers. But critics assert that homes built under the missing middle are far from affordable.
FOX 5 reached out to Arlington County leaders about this latest ruling and a county spokesperson declined to talk on camera but replied by email, saying the county will consider its next steps and "how to best resume the expanded housing options permitting process."
That includes how to notify previous applicants who were reportedly in the process or had their approved permits voided last fall.
The backstory:
"Missing middle" is a housing term that addresses the 'middle' between single-family homes and high-rises — think townhouses, duplexes and garden apartments for multi-family use.
In Arlington, specifically, it allows up to six units to be built where a single-family home once stood.
The policy was meant to address the lack of available housing in Arlington and make different types of housing more readily available.
Some residents supported the measure but others were vehemently against it, even suing the county over the policy.
PREVIOUS COVERAGE: Judge overturns 'missing middle' housing policy in Arlington County
Local perspective:
Ashley Goff is an Arlington resident and the leader of Virginians Organized for Interfaith Community Engagement. She supports the missing middle.
"For us this is more than a win. This is about a vision for Arlington County where people feel welcome and people belong and housing is attainable for more than a broad spectrum and people can call Arlington County home," Goff said.
The county says it will share additional information as decisions are made. Board members were also unavailable for comment and the lead plaintiff on the suit told FOX 5 she may be able to comment on this latest court ruling in a few days.
New statement:
Dan Creedon with Neighbors for Neighborhoods, which has raised money to support the homeowner’s lawsuit regarding EHO zoning in Arlington, released a statement to FOX 5, saying:
"On June 24th, the Court of Appeals of Virginia granted the request of a developer to intervene in the Expanded Housing Options/Missing Middle Housing (EHO) litigation and remanded the case to the trial court.
The appellees in the Court of Appeals, who are the homeowners who were victorious in the suit at trial, are considering a motion to stay this order.
The appellees have 14 days to appeal the June 24th order to the Court of Appeals or 30 days to petition the Virginia Supreme Court to overturn this order.
Nothing in the June 24th order addresses the decision of the trial court invalidating EHO for violating Virginia law. The order only addresses whether or not Wilsons Ventures, which sought to intervene in the case after the trial was over and the judge ruled in favor of the homeowners, was a necessary party to that litigation."
What's next:
They could start from scratch or they could pick up where they left off—the higher court apparently deferred to the lower court on how to proceed.