Missing Middle | ARLnow.com

Missing Middle arguments head to the Virginia Supreme Court this month

Published October 15, 2026 at 3:45PM

A Missing Middle-style duplex on N. Troy Street in May 2025 (staff photo by Dan Egitto)

One piece of litigation over Arlington’s Missing Middle zoning ordinance is reaching the final leg of its journey, although the larger legal fight is far from over.

The Virginia Supreme Court has been reviewing a ruling from the Court of Appeals that allowed Arlington County to resume issuing permits under the Expanded Housing Options (EHO) in mid-2025 — a decision that has let developers continue building up to six-unit buildings in previously single-family-only neighborhoods. The high court is scheduled to hear arguments in that case on Oct. 28, which will inform a final ruling.

News

‘Missing Middle’ developer builds new townhomes at site of Bluemont house explosion

By Dan Egitto

Published August 5, 2026 at 9:15AM

New townhomes on the 800 block of N. Burlington Street (courtesy of Alex Wilson)

A trio of townhomes is hitting the market at the site of a former duplex destroyed in a house explosion in December 2024.

An open house for the townhomes will take place on Aug. 15 on the 800 block of N. Burlington Street, developer J. Alex Wilson told ARLnow. Wilson lives nearby in the Bluemont neighborhood and will be moving into one of the new homes.

News

Missing Middle proposal from Cunningham sparks blowup with ‘blindsided’ County Board members

By Scott McCaffrey

Published July 23, 2026 at 1:15PM

County Board member Susan Cunningham at July 21, 2026, meeting (screenshot via Arlington County)

County Board members went into their two-month summer break after 15 minutes of verbal fireworks over Missing Middle housing policies currently tied up in litigation.

Three Board members — Maureen Coffey, Julius “JD” Spain, Sr., and Takis Karantonis — castigated colleague Susan Cunningham for a proposal made without much advance notice at the tail end of the Board’s July 21 meeting.

News

Virginia Supreme Court agrees to take up Missing Middle lawsuit

By Dan Egitto

Published May 19, 2026 at 3:45PM | Updated May 20, 2026 at 2:35PM

An approved EHO development in the Leeway Overlee neighborhood, in October 2024 (staff photo by James Jarvis)

The Virginia Supreme Court has agreed to review the lawsuit over Arlington’s Missing Middle zoning change, moving one step closer to resolving the complicated but consequential case.

Following oral arguments last month, the court announced today (Tuesday) that it will review a Virginia Court of Appeals ruling that would create big obstacles for plaintiffs, if upheld.

News

Virginia Supreme Court hears Missing Middle arguments as projects advance

By Dan Egitto

Published April 8, 2026 at 10:00AM

A Missing Middle-style duplex on N. Troy Street in May 2025 (staff photo by Dan Egitto)

Oral arguments in the lawsuit over Arlington County’s “Missing Middle” zoning changes are taking place in the Virginia Supreme Court this morning (Wednesday).

Justices are scheduled to hear a roughly 10-minute argument on plaintiffs’ attempt to reverse a Court of Appeals decision, which effectively put Missing Middle back on the books in Arlington last summer for procedural reasons. This moves the court one step closer to deciding whether to accept the case for full review.

News

Missing Middle critics ask Virginia Supreme Court to block new permits

By Dan Egitto

Published October 14, 2025 at 3:45PM

A Missing Middle-style sixplex under construction at 3802 14th Street N. (staff photo by Dan Egitto)

Missing Middle’s critics are launching another round of opposition as Arlington County returns to accepting permit applications for this kind of construction.

Plaintiffs in the lawsuit over Arlington’s Expanded Housing Option filed an emergency motion yesterday (Monday) in the Supreme Court of Virginia. They’re seeking to block a Virginia Court of Appeals order that allows the county to resume issuing permits for multifamily construction in previously single-family-only neighborhoods.

News

Missing Middle plaintiffs appeal lawsuit to Virginia Supreme Court

By Dan Egitto

Published October 7, 2025 at 2:45PM

A Missing Middle-style duplex on N. Troy Street in May 2025 (staff photo by Dan Egitto)

The Missing Middle lawsuit has finally arrived on the desk of the Virginia Supreme Court.

Plaintiffs in the suit against Arlington County’s contentious zoning change submitted a petition for appeal to the commonwealth’s highest court yesterday (Monday). They’re trying to reverse a recent Virginia Court of Appeals ruling that would create big obstacles for their case, if upheld.

News

Missing Middle scores a win as appeals court returns to original ruling

By Dan Egitto

Published September 8, 2025 at 3:45PM

A Missing Middle-style duplex on N. Troy Street in May 2025 (staff photo by Dan Egitto)

Arlington’s “Missing Middle” ordinance may make a comeback after a new ruling in the Virginia Court of Appeals.

In a Friday decision, a panel of three judges returned to the court’s original stance that effectively put the zoning change back on the books in June, creating big obstacles for plaintiffs.

News

Appeals court flip-flops on Missing Middle, striking down ordinance once again

By Dan Egitto

Published July 10, 2025 at 3:45PM

People gathered outside the Arlington County courthouse after a Missing Middle ruling in September 2024 (staff photo by Dan Egitto)

The Virginia Court of Appeals has withdrawn a recent decision reinstating Arlington’s “Missing Middle” ordinance, once again striking it from the books as judges reconsider arguments.

In a ruling that adds yet another layer of complexity to the legal fight over the controversial zoning change, the appeals court agreed on Tuesday to reassess a judgment that the court handed down just last month.

News

New Missing Middle ruling creates big obstacles for lawsuit, but it’s far from over

By Dan Egitto

Published June 30, 2025 at 3:45PM

A Missing Middle-style duplex on N. Troy Street in May 2025 (staff photo by Dan Egitto)

Last week’s ruling that put Missing Middle zoning changes back on the books in Arlington presents a major setback for plaintiffs, experts say.

The determination in the Virginia Court of Appeals, which found last year’s circuit court ruling invalid for procedural reasons, could substantially set back the timeline for the case and require even more resources to support a privately funded lawsuit.

News

BREAKING: Appeals Court puts Missing Middle back on the books in Arlington

By Dan Egitto

Published June 25, 2025 at 11:25AM | Updated June 25, 2025 at 5:21PM

An approved EHO project at 5041 25th Street S. in the Claremont neighborhood in October 2024 (staff photo by James Jarvis)

Arlington’s Missing Middle zoning ordinance is back on the books, at least for the time being, following a ruling in the Virginia Court of Appeals.

In the latest development in the dramatic legal battle over the county’s Expanded Housing Options (EHO), three appeals court judges issued a ruling yesterday (Tuesday) that reverses a circuit court decision declaring the zoning change void.

News

Rare ‘Missing Middle’ duplex listed for $1.8M in North Highlands

By Dan Egitto

Published May 22, 2025 at 11:45AM | Updated May 22, 2025 at 4:07PM

A Missing Middle-style duplex on N. Troy Street in May 2025 (staff photo by Dan Egitto)

A rare real estate find is expected to hit the market in Arlington later this month: a “Missing Middle” home.

A duplex at 2129 N. Troy Street in North Highlands will begin hosting showings on May 30, according to a Redfin posting. The four-bedroom, three-and-a-half bath home comes with 2,470 square feet and a listed price tag of $1,795,000.