On October 15, ARLnow quoted Venable partner Zach Williams in an article examining the latest developments in litigation over Arlington County’s Missing Middle zoning ordinance as the case heads to the Supreme Court of Virginia for oral arguments on October 28.
According to the article, the current appeal centers on a procedural issue involving whether a developer should have been included in the original circuit court proceedings, rather than the underlying legality of the Expanded Housing Options ordinance. Depending on the Supreme Court’s decision, the case is expected to return to either the Court of Appeals or the circuit court for further litigation.
Williams explained that the upcoming arguments are unlikely to bring the broader dispute to a close.
“Folks that are tracking this are seeing this as, ‘OK, this is just another step, another round in this legal saga that is unlikely to be the final round,’” Williams said.
Williams also noted that regardless of the Supreme Court’s decision, significant litigation over the ordinance itself remains.
“It’s almost like the battle has just begun,” Williams said. “We’re finally going to start arguing about whether the law itself should have been declared void ab initio or not.”
Read the full article in ARLnow.