In another twist to Arlington’s Missing Middle saga, on July 8, 2025, the Virginia Court of Appeals set aside its ruling from two weeks earlier reinstating Arlington County’s Expanded Housing Option (EHO) ordinance and granted a rehearing to the neighbors challenging it. The same panel of judges that originally considered the matter will reconsider the appeal. In practice, the EHO ordinance is once again void, at least until the court holds a rehearing on the appeal.
Since the Arlington County Board adopted the Missing Middle policy in March 2023, its path has been fraught. The Arlington Circuit Court struck down the policy on Sept. 27, 2024, but then partially stayed its order on Oct. 25, 2024. On June 24, 2025, the Virginia Court of Appeals overturned the circuit court’s decision invalidating the ordinance.
