Arlington argues homeowners have no basis to sue over ‘missing middle’

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Arlington argues homeowners have no basis to sue over ‘missing middle’
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The debate over a zoning change that played out in government and social media has moved into court.

that the county ran afoul of state law by failing to properly initiate the zoning change, to advertise the plan, to study its potential impact or to share public documents.While they have asked a judge to stop missing middle from being implemented, the judge must first decide whether the homeowners have the legal standing to sue over the policy. The missing middle policy

makes it easier to build residential dwellings with as many as four — and in most cases six — units in neighborhoods that had for decades been set aside for only single-family houses.For more than a year, missing middle prompted a fiery debate in Arlington that largely pitted single-family homeowners like the plaintiffs against a coalition of renters, racial-justice advocates and urbanist groups.

dozens of civic forums, they clashed for months over whether the policy will overwhelm their neighborhoods or help lower housing costs in this expensive county. The lawsuit has pushed that fight into a new arena: the court of law. Before a judge as well as small crowd of many of the most fervent advocates for or against missing middle, lawyers on Tuesday sparred in Arlington Circuit Court and rehashed many earlier aspects of the debate. “The public was all over the place because the county was all over the place in terms of what was being proposed,” a lawyer for the plaintiffs, Gifford R.

noted that the county is not required to post those emails online, only that they be made available in some form under public-records law.

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