Judge Issues Partial Stay of EHO Ruling

Written By Michelle Winters

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.

 
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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.

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

ArlingtonWINs was deeply disappointed by the recent decision of a Virginia Circuit Court judge to strike down Arlington's Expanded Housing Options ordinance (EHO). ArlingtonWINS will not back down. Nor will the many Arlingtonians committed to ensuring that people from all walks of life can find homes in our neighborhoods.

Understanding the Ruling: Count by Count
Understanding the Ruling: Count by Count

The lawsuit brought by the plaintiffs originally included seven separate “counts,” or claims about why the ordinance should be invalidated. So in order to understand the ruling, we’ll need to have a better understanding of the substance of each of the counts in the lawsuit.

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