Judge Issues Partial Stay of EHO Ruling

Written By ArlingtonWINs

The judge in the EHO lawsuit has issued a partial stay of his ruling, granting existing EHO permit holders the right to move forward with their projects while the case is under appeal. This stay was requested by Arlington County, which issued 45 permits under the EHO zoning ordinance that had gone into effect on July 1, 2023.

The partial stay comes with a big caveat, however. The judge believes that these projects are at risk of becoming illegal should his ruling be upheld by the appeals court next year. This is despite the arguments by the county and several developers that certain projects should have vested rights under state law. Until there is more clarity on that issue, it may be unlikely that many of the EHO projects will move forward. The exception is the small number of projects that are close to completion or under construction.

For a more detailed explanation of the rulings see this McGuireWoods legal alert.

 
Featured
County Releases First Annual Report on EHO Projects
County Releases First Annual Report on EHO Projects

Today County staff released the first EHO Annual Data Report for the 2024 Fiscal Year (July 1, 2023 through June 30, 2024), along with a spreadsheet of the raw data used in the analysis. At the December 17th recessed County Board meeting, Board members indicated that the program appeared to be meeting its intended goals of providing more housing supply and options.

County Board Votes to Appeal Expanded Housing Options Ruling
County Board Votes to Appeal Expanded Housing Options Ruling

At its November meeting, the Arlington County Board voted unanimously to appeal the judge’s decision in the Expanded Housing Options (EHO) case. Now, the appeal process will begin and is likely to last between one and two years. The county has also released a new webpage with information on the appeal for the public.

Judge Issues Partial Stay of EHO Ruling
Judge Issues Partial Stay of EHO Ruling

The judge in the EHO lawsuit has issued a partial stay of his ruling, granting existing EHO permit holders the right to move forward with their projects while the case is under appeal. This stay was requested by Arlington County, which issued 45 permits under the EHO zoning ordinance. But the partial stay comes with a big caveat.

ArlingtonWINs
Previous

County Board Votes to Appeal Expanded Housing Options Ruling
Next

Supporters of Welcoming, Inclusive Neighborhoods in Arlington Suffered a Setback in Court