A court ruling in Arlington might have a huge influence in how zoning works across Virginia.
A judge in Arlington is striking down a controversial zoning reform that ended single-family only zoning – a program members of the Arlington County Board called “Missing Middle” when they unanimously approved it in 2023.
Virginia legal expert Rich Kelsey says the ruling represents a significant victory for the property owners who argued in court that county leaders did not fully understand the impact of what they were doing.
"A very complex system that a governing body put in place after months of study and review is out the window, and it's a really big deal for advocates who did not want this new system," Kelsey explains. "Technically, the little guys won. They beat the government."
A similar legal challenge is also underway in Alexandria, which enacted a similar zoning reform they call “Zoning for Housing.” And the same judge who ruled in Arlington is also considering the Alexandria case.
"Obviously there's at least a good chance that he would issue a similar ruling, and if he does and if those rulings are affirmed on appeal," says Ilya Somin, a law professor at George Mason University Law School in Arlington. "And obviously those are two big ifs – then it would make it significantly more difficult for jurisdictions in Virginia to do deregulatory zoning reform."
He says the ruling highlights the need for statewide zoning reform and stronger protections for property rights.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
