The Supreme Court of Virginia is considering a case that could change the future of local zoning.
Missing Middle zoning in Arlington County allows for people to build a duplex or a triplex or a quadplex on land previously zoned for single-family housing. Opponents filed lawsuits, and now the Supreme Court of Virginia is hearing a case about how the zoning challenges should work. Jason Schwartz at YIMBYs of Northern Virginia says he expects the merits of the case to be heard eventually, but for now, he says the uncertainty is undermining the Expanded Housing Options known as EHO.
"It's very frustrating to see the pace of this, and then depending on what happens with this court case, I am hoping that the county will not let this permanently, you know, bring down EHO," Schwartz says. "And hopefully, if it does rule in a way that will extend this out for, you know, many more years, that there can be alternative workarounds in the law that we can make sure that we're still getting the EHO development and the full intent of what the people voted for."
Jay Hamilton of Neighbors for Neighborhoods says the Expanded Housing Options are making some people leave Arlington.
"I actually call it the EHO exodus. We have a number of neighbors that are moving out of Arlington based on a six-plex just going up next to them with no notification," Hamilton says. "And so, we want to put the density where it belongs, along the mass transit systems. We're not opposed to affordable housing, but this isn't affordable housing to begin with."
A decision on the procedural question is expected in the next few months, and that could open the way to the courts considering the merits of the zoning change.
