A Virginia circuit court judge has dismissed a lawsuit brought against the city of Alexandria over its decision to allow duplexes and small apartment buildings in areas designated for single-family homes — an attempt to lower housing costs that has generated fierce opposition.
The nearly two year old lawsuit filed by a group of homeowners in Alexandria’s Circuit Court argued that city officials violated its charter as well as the Virginia Constitution by changing zoning rules in the suburban community without adequately studying the effects of those changes on the local real estate market or the city’s infrastructure.
A Virginia circuit court judge has dismissed a lawsuit brought against the city of Alexandria over its decision to allow duplexes and small apartment buildings in areas designated for single-family homes — an attempt to lower housing costs that has generated fierce opposition.
The nearly two year old lawsuit filed by a group of homeowners in Alexandria’s Circuit Court argued that city officials violated its charter as well as the Virginia Constitution by changing zoning rules in the suburban community without adequately studying the effects of those changes on the local real estate market or the city’s infrastructure.
On Wednesday, Judge H. Thomas Padrick Jr. granted the city its request for summary judgment and dismissed the case in a ruling from the bench, allowing the city’s policy to go forward.
Alexandria Mayor Alyia Gaskins celebrated the win at the City Council Legislative Meeting on Wednesday, saying that the court’s ruling recognized that the zoning amendments were approved with years of thoughtful and thorough deliberation.
“The Zoning for Housing initiative, I hope that all know, is a key city priority. It’s a key city priority for this council because it advances our commitment to expanding and diversifying housing options across Alexandria,” Gaskins said. “We are thrilled with this judgment and we look forward to continuing our efforts to ensure our community remains an affordable and accessible place for all.”
The lawsuit stemmed from a plan approved by the city council in 2023 that loosened zoning to allow buildings with as many as four units on any residential lot. The move — which essentially ended single-family zoning in Alexandria — drew sharp criticism and debate in the community.
Plaintiffs filed the complaint in early 2024 alleging that the Northern Virginia city did not have sufficient evidence that the changes would add less expensive housing options or increase diversity in some neighborhoods.
Roy Byrd, chair of the Coalition for a Livable Alexandria, which helped file the lawsuit, said in a statement that he and his fellow neighbors were aware of the ruling and were considering what legal options they have to move forward.
“Our approach to this case was informed by our understanding that Virginia courts typically afford considerable deference to legislative bodies,” Byrd wrote. “We will conduct a comprehensive review of the Judge’s order and carefully consider all available legal options.”
The zoning changes in Alexandria came as one piece of a broader initiative to increase the city’s housing stock and lower cost. The move is in line with efforts in neighboring Arlington County, and a growing number of localities around the country as they aim to address issues around the affordability of housing.
The decisions to roll back single-family zoning laws also draws sharp debate in communities. Homeowners and residents who oppose the moves argue that the changes could negatively affect the infrastructure of their neighborhoods. Meanwhile city planners and urbanist groups who support the efforts point out that singe-family zoning laws were often first implemented to keep out people of color, and see the effort as a push in the right direction.
YIMBYs of Northern Virginia, a group supporting the zoning changes, celebrated the Alexandria judge’s decision on Wednesday calling it a step toward “making all of Alexandria’s neighborhoods more welcoming and affordable.”
“We’re excited to start on the next chapter of housing reform, which should include the launch of Zoning for Housing’s promised second phase,” said Alex Goyette, Alexandria Lead for the YIMBYs group. “It’s time for Alexandria to address the reform’s shortcomings and further advance the city’s vision of housing for all.”
In nearby Arlington, a similar lawsuit over the county’s “missing middle” plan has also been caught in years of litigation. After a circuit court judge ruled against the county’s decision to end single-family zoning, an appeals court recently reversed that decision, sent the case back down to the circuit court and reopened the possibility of multiunit buildings.
A hearing Friday will help determine whether a trial court might rehear that case with additional parties.
Teo Armus contributed to this report.
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