Ten Arlington residents who own property in the county filed a lawsuit in local court Thursday, aiming to stop implementation of the “Missing Middle” zoning plan. The residents are asking the Circuit Court for Arlington to invalidate a proposal that effectively ends single-family only zoning in the county, which the county board passed in March.

The lawsuit against Arlington’s county board and planning commission alleges local lawmakers failed to initiate upzoning in accordance with the law and seeks to halt reforms that are set to begin in July. The lawsuit also asks a judge to prohibit the approval of any applications or permits related to the zoning reform.

“In its haste to approve the Zoning Amendment, the Board disregarded the statutory and procedural safeguards the General Assembly mandated localities follow to protect residents,” the lawsuit reads.

The “Missing Middle” plan would let residential areas that are currently zoned for single-family homes to allow multi-family buildings up to six units. The plan stirred robust debate in the suburban community. The Arlington County Board ended up eliminating the option for seven- and eight-unit apartment buildings during lengthy debate.

The approval of the plan in late March came after a contentious, years-long public engagement process. The county says it kicked off community engagement in October 2020, holding listening tours and opening online feedback opportunities.

Still, the lawsuit takes issue with the Arlington County Board’s process in several ways.  The 162-page lawsuit accuses the board of not being “forthright” with residents when explaining the purpose of missing middle, including inaccurately characterizing the proposal as limited in scope, as well as not conducting detailed studies on impact.

The lawsuit also alleges that the board did not comply with a number of statutory requirements before amending the zoning ordinances, like not adequately advertising proposed amendments, and that they didn’t share all publicly available materials at the same time the county board and planning commission received them.

The complaint notes that the Virginia Supreme Court recently voided zoning reforms in neighboring Fairfax County two years after the code had been approved.  The Fairfax residents argued their board of supervisors violated the state’s Freedom of Information Act, a similar argument Arlington residents make in their complaint.

“The effects of this unlawful and rushed Zoning Amendment will have far-reaching and long-term consequences that the Board did not investigate and that Arlington County is ill-equipped to handle,” the lawsuit reads.

Ryan Hudson, a spokesperson for Arlington County, tells DCist/WAMU that they cannot comment on active litigation.

Many parts of the lawsuit echo what critics of missing middle said during public debate. Opponents argued that added density exacerbates existing problems with parking, stormwater infrastructure, and school overcrowding. Supporters, meanwhile, argued that density would eventually create more affordable housing options and put an end to racist exclusionary zoning practices.

Board members told DCist/WAMU after the final vote that they vowed to track the impacts of reforms moving forward. County officials also told Arlington Now that they plan to pass out educational materials ahead of implementation. “Nothing will be built a year from now. It may be permitted, but it won’t be built,” Arlington County Board Chair Christian Dorsey told Arlington Now.