Virginia Court of Appeals Overturns Arlington Missing Middle Decision

McGuireWoods LLP
Contact

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.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© McGuireWoods LLP 2025

Written by:

McGuireWoods LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

McGuireWoods LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide