By MATTHEW BARAKAT Associated Press
FALLS CHURCH, Va. (AP) — A coalition of immigrant-rights groups and the League of Women Voters in Virginia has filed a federal lawsuit accusing Republican Gov. Glenn Youngkin and Attorney General Jason Miyares of an ongoing “purge” of voter rolls that will disenfranchise legitimate voters.
As the much-anticipated Missing Middle trial began this week, the Arlington NAACP is arguing that the case has wide-ranging implications for racial equity.
In a 55-page amicus brief filed in advance of opening statements on Monday, the local NAACP chapter argued that single-family zoning has racist origins and that undoing Missing Middle would be a step backward for racial progress.
The first Missing Middle case to be heard in Arlington Circuit Court was dismissed last week, but legal fees in another lawsuit against the county continue to balloon.
The dismissed lawsuit related to a pair of planned six-plexes in Alcova Heights, approved after the Expanded Housing Option changes. A judge struck the suit down on Friday “due to technical defects,” Zachary Williams, an attorney for developer Classic Cottages, told ARLnow.
Over the past couple of weeks ARLnow has reported on a pair of lawsuits against Arlington County.
There’s the ongoing suit against the Missing Middle zoning changes, which has the support of at least two candidates for County Board. And there’s a lawsuit against the Pentagon City Sector Plan, by condo residents upset about proposed development on the RiverHouse site potentially being detrimental to their property values and view of D.C.
The approval of Missing Middle and the sector plan both had supporters and outspoken critics when approved unanimously by the County Board.
Both suits ultimately rely on technicalities. An appellate judge in the sector plan suit rejected more substantive arguments about the proposed development and instead nullified the plan based on an insufficiently descriptive legal notice ad. The Missing Middle suit, meanwhile, primarily argues that the changes were insufficiently advertised and inadequately studied for potential impacts.
One could argue that such suits hold the Board accountable for discrepancies in its processes, while at minimum delaying policies that some people strongly disagree with. One could also argue that it’s a waste of taxpayer money that delays policies that duly elected representatives supported and still support.
Regardless of the reasons why, today we’re asking readers: do you support these lawsuits against the county?
Photo via Joe Gratz/Flickr
County government requests for extensive documentation in a Missing Middle lawsuit have expanded to include an outspoken critic who’s helping to fund the suit.
Attorneys representing Arlington County contacted Dan Creedon, one of the founders of the anti-Missing Middle group Neighbors for Neighborhoods (NfN), with a broad subpoena last week. The request includes:
Arlington spent $74,000 in two months combating a lawsuit over Missing Middle housing, public records show, drawing the ire of a County Board candidate.
The county, which hired law firm Gentry Locke at the start of this year, paid $49,251 for services in January and $24,536 in February, according to invoices. Meanwhile, a GoFundMe campaign for the lawsuit — which alleges that Arlington failed to adequately study the impacts of Missing Middle before approving the zoning change — has raised about $69,000 since last June.
Two Arlington attorneys are suing a Virginia sheriff’s office over a brutal triple homicide carried out by a deputy who, court documents allege, was hired illegally.
The deputy, 28-year-old Austin Edwards, reportedly lied about his age while soliciting sexual photos from a 15-year-old girl in California in 2022. When the teen rejected Edwards’ advances, he drove to California, claimed authority as a deputy to gain entry into a home and killed her mother and grandparents, according to legal filings.
There is a new twist in the stand-off between Arlington County and neighbors over bus parking on a county site in North Arlington.
Arlington County recently dropped litigation against three neighbors and the Ballston-Virginia Square Civic Association, who tried to use the Board of Zoning Appeals process to block the county from parking 29 Arlington Transit (ART) buses on a county lot near Washington-Liberty High School.
(Updated on 1/29/23) Arlington County suffered another defeat last week in the pre-trial proceedings for the Missing Middle lawsuit.
It appealed an earlier court decision that the 10 residents suing Arlington County — alleging the County Board illegally approved the Missing Middle zoning amendments — have standing to do so.
Although Arlington County is set to go to court next summer over its Missing Middle zoning ordinances, it has not stopped approving these new housing projects.
Judge David Schell has scheduled a 5-day trial to begin on July 8, 2024 after ruling in October that the 10 residents suing Arlington over the ordinances had standing. Among other claims, they argue the county violated state law by not sufficiently considering the impacts of Missing Middle.
The resident lawsuit against Arlington County’s Missing Middle zoning ordinances can move forward.
Today (Thursday), retired Fairfax County Judge David Schell denied most of the county’s motions to dismiss the case, according to an attorney for the 10 residents who sued Arlington. He had put off making a decision for one month when the parties last convened in court in September.
Attorneys for residents contesting the new Missing Middle zoning ordinances and Arlington County squared off today (Tuesday) in court — but a decision will not be reached until at least next month.
Residents sued the county earlier this year, shortly after the Arlington County Board adopted the Missing Middle zoning ordinance changes authorizing 2-6 unit homes in areas previously zoned for single-family homes only.
