Virginia Court Rejects Arlington's Missing Middle Zoning Reform

A Virginia state trial court ruled against Arlington County's zoning reform aimed at allowing multifamily residences on land previously designated for single-family homes. The judge, David Schell, found that the county did not adequately consider localized impacts, failed to follow proper procedures, and violated state tree canopy requirements. This ruling halts the issuance of permits under the Expanded Housing Option, which permitted the construction of buildings with up to six units. Despite testimony indicating sufficient infrastructure for growth, the judge noted a lack of evidence regarding potential overflow issues. The decision is expected to be appealed, highlighting ongoing challenges in zoning reform efforts in Virginia, where statewide progress has been limited despite support from state officials. The case underscores the need for stronger judicial protections for property rights and potential legislative changes to streamline zoning processes.