On July 11, 2024, ARLnow quoted Ked Whitmore on the civil trial regarding Arlington’s approved Missing Middle zoning amendments.
According to the article, testimony on behalf of the plaintiffs concluded as attorneys continue to argue that Missing Middle zoning changes should be invalidated because they say the county improperly advertised the changes and failed to adequately study them, among other allegations.
Whitmore noted that he believes the trial’s outcome will probably hinge on technical matters, such as information included in legal advertisements.
According to ARLnow, the complaint filed last April alleges that legal notices about Missing Middle “failed to contain a descriptive summary, generate informed public participation, or allow citizens to reasonably determine if they were affected by the proposal.”
It is “very unlikely,” Whitmore explained, that the court will rule in favor of plaintiffs on issues related to the substance of Missing Middle or how the county researched the change.
“It is very hard to go to the court and to try to get them to overturn what is a legislative opinion by a local government,” he said. “I think it would be very difficult to say, ‘This was arbitrary. This didn’t rely on studies.’ You can disagree with a decision by a local government, but to have it declared void for a substantive rather than a procedural reason is very hard.”
Commenting on when the trial will conclude, Whitmore said it will probably take some time for the court to reach a decision — perhaps around a month, although he noted, “that’s really hard to say.”
No matter the outcome of the trial, Whitmore said an appeal is almost guaranteed, kicking off another lengthy legal process.
“It can take years,” he said. “I mean, it takes a very long time.”
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