Missing Middle Appeal Ruling Highlights Procedural Risks in Land Use Litigation
A Virginia appellate court ruling has shifted the trajectory of Arlington County’s “Missing Middle” housing lawsuit, focusing on a key procedural issue rather than the substance of the zoning policy. The Court of Appeals determined that the case was improperly decided because necessary parties—such as affected property owners and developers—were not included, overturning the lower court’s earlier ruling that had invalidated the ordinance. This decision underscores how procedural requirements…
January 16, 2024