Judge strikes down Arlington’s Expanded Housing Option ordinance

A retired Fairfax County judge has partially struck down an update of Arlington County’s zoning code that allowed for increased residential development in areas that had been reserved for single family houses. 

The website ARLNow reports that Judge David Schell ruled against Arlington on four counts and found that the county did not do enough to consider the potential impacts of higher residential density, specifically with regard to stormwater management. (read the story)

That is a similar argument made against Charlottesville’s new Development Code by a group of plaintiffs who want Charlottesville Circuit Court Judge Claude Worrell to hold a trial on their claims that the city did not follow state code in studying transportation impacts. 

Both sides in the White v Charlottesville case last appeared in court on June 27, 2024. Judge Claude Worrell asked counsel for both the city of Charlottesville and a group of city landowners to submit written closing arguments. (read the story)

Both have complied and both sides await a ruling on whether the case will proceed.

“Plaintiffs disagree with a policy decision, made by the elected members of the Charlottesville City Council, carefully designed to address a severe housing shortage in Charlottesville,” reads the introduction to the closing argument in the city’s defense. (read the document on cvillepedia) 

“The City failed to follow the process mandated by the General Assembly in adopting the Zoning ordinance by failing to submit the Zoning Ordinance and the Comprehensive Plan on which the Zoning Ordinance is based to VDOT as required by Virginia Code,” read the response from the firm Flora Pettit. (read the document on cvillepedia)

According to reporter Dan Egitto, Schell’s decision in Nordgren v. Arlington County Board halts Arlington’s ability to issue new permits under the Expanded Housing Option. The system approved by the Arlington Board in March 2023 is arguably a less permissive system than the one enacted in Charlottesville because there are limits on how many permits can be issued each year. 

Judge Schell’s ruling on September 27 was from the bench and court records indicate that a written order is pending. A calendar for the case lists an October 25 hearing at 10 a.m. for when the order or decree with be presented.

Arlington County is considering an appeal of the ruling. 

“Arlington County is disappointed in the judge’s ruling today in the Expanded Housing Option (EHO) Development trial,” reads a statement posted to the county website on Friday. “We are reviewing the decision and determining the appropriate next steps to properly adhere to the ruling.”

Judge Schell was appointed by the Virginia Supreme Court to preside over the trial because all four circuit court judges in Arlington recused themselves because of a potential conflict of interest. That’s according to an August 31, 202 report in the Gazette-Leader. 

Judge Worrell and his wife own a home in Charlottesville but he did not recuse himself in the case. 

One more item to note is that Kellie Brown, Charlottesville’s new Neighborhood Development Services director, worked in Arlington County before beginning work earlier this month.  (read the story)

Before you go: The time to write and research of this article is covered by paid subscribers to Charlottesville Community Engagement. In fact, this particular installment is from the September 30, 2024 edition of the newsletter. To ensure this research can be sustained, please consider becoming a paid subscriber or contributing monthly through Patreon.