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BREAKING NEWS:
The EHO Trial Decision
Judge David Schell ruled that Arlington's EHO program is now void, ab initio, in its entirety.
Today Judge David Schell ruled in favor of the Plaintiffs in the landmark EHO case, [Marcia L. Nordgren et al., Plaintiffs v. County Board of Arlington, Virginia, el. al] on four of the six counts, #1, #3, #4, and #7. He ruled in favor of the defense, the County Board, on counts #2 and #5. His ruling was based on substance and procedural issues.
As a result of the decision today, the Judge ruled the EHO program void and barred the county from issuing EHO permits from this point on. Both sides have the opportunity to appeal. Stay tuned for more details on the Judge's rulings later today.
From EHO Watch Editor Natalie Roy:
This seminal decision allows Arlington to reset and get it right. It is an opportunity to do the requisite studies and conduct a robust public engagement process that should have been done from the beginning with stakeholders from all over the County. It means we can stop wasting taxpayer dollars on expensive law firms and anti-neighborhood schemes and find real housing solutions. Most importantly, this ruling speaks volumes about governance. The County Board and staff work for the citizens of Arlington, not the other way around.
Today's decision is a turning point where we can join together to find common sense solutions.
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Lawsuit details:
(from the Arlington Neighbors for Neighborhoods, LLC press release)
Count #1: As Virginia law requires, the County Board did not adopt an initiating resolution to commence the EHO zoning amendment process.
Count #2: The Board’s February 2023 advertisement of the EHO zoning amendments did not include a descriptive summary of the proposed action to amend the zoning ordinance to add EHO zoning, as Virginia law requires.
Count #3: The Board failed to analyze the effect of EHO, particularly at the local level, as required by Virginia law. This count focuses on the County's negligence in not studying the impact of the EHO program on Arlington's infrastructure, traffic, water, sewer, parking, and other effects.
Count #4: Because EHO development can have a greater impact in R-districts than single-family dwellings, EHO permits must be approved by the County Board through legislative action – a special use permit – and not by the Zoning Administrator, as EHO zoning provides.
Count #5: Because the Board’s enactment of EHO violated the law, as argued in the Complaint, its action is arbitrary and capricious and cannot be fairly debatable.
Count #7: EHO does not comply with the tree planting and replacement standards in the Virginia Code.
If you want more details on the counts above, click HERE for a copy of the Arlington Neighbors for Neighborhoods LLC press release.
As previously reported, the County's EHO program is about density with no guardrails, tax revenues, and giving developers free rein. It is not about creating affordable housing, promoting diversity, or community building. EHO Watch will be there to report on the decision.
The time to donate to the lawsuit it NOW. Please consider contributing to the lawsuit HERE. Lawsuits are expensive propositions, and this one is no exception. Community support is critical for this major grassroots effort. You can also get updated information on the lawsuit from Neighbors for Neighbors via the link above.
You can also contribute via a check payable to NfN Litigation Fund LLC, Mail to 1405 S. Fern St, Box 556, Arlington, VA 22202
Venmo: Neighbors for Neighborhoods
Stay tuned for "The Arlington Way"
EHO Watch is branching out. Starting in October, "The Arlington Way," a new watchdog publication, will be launched. This newsletter will feature in-depth reporting on critical and complicated issues in the County and guest columns written by civic leaders and activists. This publication aims to help get the Arlington Way back on track in the County. This means promoting inclusivity, transparency, and public engagement. To subscribe to this new publication, please email me at Natalieuroy@gmail.com.
The first edition will include topics on the County Board's indiscriminate firing of Commissioners on the Human Rights Commission and the County's effort to modify existing residential use provisions relating to unsupervised recovery residences. We will also explore the County's decision to "double-dip" a community benefit. Specifically, we will review how and why the County Board vacated the easement for "The View of DC," a public space in Rosslyn with dramatic views promised to Arlingtonians in perpetuity.
Mobilization of Community Voices
Thank you to everyone who has contributed to EHO Watch. It takes a village to produce this newsletter and ensure it is timely, informative, and accurate. I have received enormous assistance from so many Arlingtonians who care about the future of this County. It is impossible to list everyone who has contributed. Suffice it to say that EHO Watch is a community newsletter resulting from collaboration with the best and brightest in Arlington.
EHO Watch
Previously known as Missing Middle, the County's densification program was rebranded as Expanded Housing Option (EHO) Development because its goal no longer involves affordable housing or promoting diversity. EHO Watch will be sent out to highlight newsworthy developments.
If you wish to subscribe to EHO Watch, email me at natalieuroy@gmail.com. Please share this bulletin with anyone interested in brief updates. Please follow the prompts below to unsubscribe.
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