Alexandria won its nearly two-year battle in Circuit Court today (Wednesday) against residents fighting the city’s massive Zoning for Housing/Housing for All overhaul.
Judge H. Thomas Padrick, Jr. granted the city’s motion for summary judgement and dismissed the case against the plaintiffs, a group of Old Town residents who had been fighting to reverse the zoning changes since they were approved by City Council in Dec. 2023.
Mayor Alyia Gaskins told ALXnow the court made “a well-reasoned decision.”
“The Court’s decision recognized that the zoning amendments reflected years of thoughtful, thorough deliberation,” Gaskins said. “The Zoning for Housing initiative is a key city priority that advances our commitment to expanding and diversifying housing options across Alexandria. We look forward to continuing our efforts to ensure Alexandria remains affordable and accessible to all.”
Zoning for Housing/Housing for all includes a single-family zoning provision allowing developers to build homes with up to four units on any property, reducing parking requirements for single-family homes and analyzing office-to-residential conversions.
The residents contended that the overhaul damaged their property values, which had increased taxes and population density. They also expressed concerns over parking, traffic and foot traffic that they feared could result in injuries.
Former Mayor Justin Wilson told ALXnow that the city has been confident in the legality and policy alignment of the zoning changes since the litigation was filed nearly two years ago.
“I am gratified that today the courts affirmed that assessment,” Wilson said. “My frustration is that the victims of the last two years of ambiguity and uncertainty are the countless Alexandrians struggling to hold onto a place in our community.”
Plaintiff Roy Byrd said that he and his neighbors — Phylius Burks, William Corin, David and Meghan Rainey, Joshua and Maria Carias Porto, Jimm Roberts and John E. Craig — acknowledge Padrick’s decision and are considering their legal options.
“Our approach to this case was informed by our understanding that Virginia courts typically afford considerable deference to legislative bodies,” Byrd said. “We will conduct a comprehensive review of the judge’s order and carefully consider all available legal options.”
In an email to ALXnow, Alex Goyette, Alexandria Lead of YIMBYs of NoVA, wrote that the passage was “an important, but modest, 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,” Goyette wrote. “It’s time for Alexandria to address the reform’s shortcomings and further advance the city’s vision of housing for all.”
Padrick, a retired judge from Virginia Beach, was appointed to the case by the Virginia Supreme Court after the city’s circuit court judges recused themselves.
While initial efforts against the city’s regulations were dismissed in court, in Aug. 2024, Judge David S. Schell ruled that the case had standing and could go to trial.
In Nov. 2024, Schell also ruled in favor of the plaintiffs in a similar case in Arlington County, invalidating the county’s Missing Middle zoning changes. Two months ago, however, a Virginia Court of Appeals ruling effectively put the zoning change back on the books.
