The three-year legal saga over Arlington County’s Expanded Housing Options (EHO) Ordinance continues.

On May 19, 2026, the Virginia Supreme Court agreed to review a NIMBY challenge to the VA Court of Appeals ruling on the Arlington EHO case, also known as the Arlington Missing Middle case. This comes after a June 2025 decision from the VA Court of Appeals that effectively put the EHO ordinance back on the books and allowed continued processing of EHO permits.