On June 24, 2025, the Virginia Court of Appeals overturned the Circuit Court of Arlington County’s decision invalidating Arlington County’s Expanded Housing Option (EHO) ordinance, commonly known as the “Missing Middle” ordinance. The decision was made on procedural grounds, with the Court of Appeals finding that two motions to intervene in the original case should have been granted by the Circuit Court. The motions were filed by EHO permit holders who asserted that they were necessary parties to the litigation.
The Court of Appeals agreed that those EHO permit holders, and likely other EHO permit holders, are necessary parties. In overturning the Circuit Court’s decision, the Court of Appeals did not reach the merits of the underlying litigation. Instead, it is likely that a new trial will be required after all necessary parties are added to the litigation.