Under Virginia law, Arlington County was required to consider the impact of eliminating single-family zoning before passing “EHO”. The County did not and has admitted as such through, among other things, its Freedom of Information Act responses to residents.
On April 21, 2023, ten Arlington homeowners filed a 162-page lawsuit in Arlington Circuit Court alleging, among other counts, that this failure isn’t just bad planning, it is illegal. State law requires the zoning laws reasonably consider needs for transportation, schools, parks, recreation and public spaces, as well as the conservation of natural resources. See complaint filed here.
Despite attempts by Arlington County to dismiss the case, the Court, has ruled in favor of the residents finding that they clearly have standing to challenge the legality of the County’s actions and processes. Judge Schell as set July 8 as the beginning trial date for what is expected to be a five-day trial.
However, the County in authoritarian fashion continues its public attacks on residents that might question the legality of its actions, even misrepresenting the legal process to try and to hide its illegal processes in enacting new zoning regulations. The County Attorney claimed that the lawsuit is “improper” and County Board Chair Christian Dorsey stated in writing that the court should not substitute its judgment for the County Board’s judgment. See AFUT Press Release on County’s misinformation here.
The County keeps framing the case as disgruntled residents who disagree with EHO zoning, when what the complaint actually alleges is the County’s violations of state law in enacting its elimination of single-family zoning.
For more information or to support the lawsuit see Neighbors for Neighborhoods site here.
