Missing middle: Virginia Supreme Court hears opening arguments on housing issues

ARLINGTON, Va. - On Wednesday, the Virginia Supreme Court heard opening arguments about one of the hottest housing issues in the region.

Arlington's 'missing middle' policy has divided the community for years now and has been a legal rollercoaster, and while the courts go back and forth, some projects have already begun.

The issue:

"Missing middle is currently the law of the land in Arlington," said Dan Egitto, a reporter with Arlington Now. "Developers are actually having missing middle projects approved, and are moving forward with them."

The 'missing middle' plan, or EHO policy — which stands for expanded housing options — rezones areas meant for single-family homes and allow developers to build duplexes, triplexes, even six-unit buildings.

Dig deeper:

One thing to note is that the arguments happening in front of the Virginia Supreme Court are only on procedural grounds, trying to decide whether an appeals court decision was valid.

Neither court, however, has ruled on the actual substance of this lawsuit.

Grassroots group Neighbors for Neighborhoods, which opposes 'missing middle,' is hoping the high court takes up the case.

"We already have a quick glimpse of what this policy means. We had a single-family house sell for $860,000, turned into a duplex - each side sold for $1.6 million - and this is the affordable housing policy the county board was fooled into," said Jay Hamilton with Neighbors for Neighborhoods.

"It's unfortunate this whole affordable housing in Arlington County started with missing middle, which has nothing to do with affordability," Hamilton said, adding that he hopes after the lawsuits are said and done, Arlington gets back to focusing on affordable housing.

What they're saying:

In a statement to FOX 5, Arlington County said, "On April 8, the Virginia Supreme Court heard oral arguments on Plaintiffs’ petition to appeal the Court of Appeals decision. This was not meant to decide the merits of the case, but only whether the Virginia Supreme Court will take up the appeal. There is still potential for further court actions regarding the future of EHO development in Arlington. The County is prepared to comply with any future rulings on this matter.

In the meantime, the County will continue to follow the EHO ordinance and the established review process as adopted by the Arlington County Board in 2023, and following the Sept. 5 order by the Virginia Court of Appeals that reinstated the EHO ordinance."

What's next:

The Virginia Supreme Court will next decide whether they will hear the case or kick it back down to the lower courts.

That decision could take several months.