Trial begins for 'missing middle' zoning lawsuit in Arlington

ARLINGTON, Va. — The trial has started for the hotly debated 'missing middle' zoning reform in Arlington County.

Several plaintiffs filed a lawsuit against the county to throw out the initiative after it was approved by board members in March 2023. They argue leaders failed to follow proper steps to notify and receive input and conduct enough studies on the long-term impacts.

The changes to the zoning mean there could be permits to construct more townhouses, duplexes and other multi-residential units on lots that once required only one home. There could be as many as six units on one lot in specific neighborhoods.

Plaintiff Marcia Nordgren testified on the first day of trial about how she believes the changes would negatively affect the tree canopy surrounding her Military Road, elevate the issue of stormwater runoff, increase traffic and real estate taxes.

County attorney Noah Sullivan said in his opening statement how experts will reveal that the impact won’t be as severe as feared. He said with the 33 permits already approved, only four homeowners involved with the lawsuit live nearby.

The County said potential runoff would only increase by less than 1%.

When it comes to concerns about sewer and water projections, Sullivan said, “There’s no reason to think this will be a catastrophic event.”

“All the plaintiffs can offer is speculation,” Sullivan added. “Much of this is just dust.”

Meanwhile, Gifford Hampshire, the plaintiff’s attorney, contrasted by saying evidence show that the study’s estimate that only 19 to 21 projects each year was a best guess with “no science behind it.” Hampshire argued the estimates weren’t accurate.

Opponents of Missing Middle helped fill the courtroom including Dave Gerk of Arlingtonians for Upzoning Transparency.

“You don't know Arlington if you think differently that Arlington wouldn't welcome people of all persuasions, but this policy is just going to tear the community apart and create negative impacts that we don't need,” Gerk said.

Retired real estate lawyer and longtime Arlington resident Bill Fogarty believes the county properly notified residents.

Fogarty supports Missing Middle because he says there needs to be more housing.

“This is going to come down to the studies and kind of a battle of the experts,” he said.

The trial is expected to last for five days. Depending on what the judge decides, there could be an appeal.