The lawsuit brought by 10 Arlington homeowners seeking to block this year’s rezoning aimed at allowing more multifamily housing in residential neighborhoods will head to trial, a Circuit Court judge ruled on Oct. 19.

The decision in Marcia Nordgren et al v. Arlington County Board was a setback for the county’s legal team led by County Attorney MinhChau N. Corr, who had sought quick dismissal of the suit’s main six counts.

Substitute retired Judge David Schell of Fairfax (the Arlington judges recused themselves) rejected county arguments that the plaintiffs lacked standing and proper timing for such a suit. He set a Nov. 16 hearing to determine the schedule for a trial on the merits of the contentious policy. Those include such issues as whether the planned zoning reforms were properly advertised and whether they were considered in compliance with state law on requirements for studies on the likely economic and environmental impact of the changes.

The judge did accept the county’s defense of its handling of Freedom of Information Act requirements for making public the documents issued for the county board and the county’s Planning Commission.  

Planning for construction of what the new code calls “Expanded Housing Options” is continuing. As of Oct. 13, the county had approved 14 permits for multi-family buildings, semi-detached houses, townhouses and duplexes. Seventeen more applications are under review.