After their case was dismissed in Circuit Court in November, the plaintiffs in Alexandria’s Zoning for Housing/Housing for All lawsuit are now seeking donations to fund an appeal.
Members of the Coalition for a Livable Alexandria, a group of Old Town residents, are asking supporters to help raise $28,000 for attorneys at Dunn, Craig and Francuzenko, according to an email announcement last night (Monday).
“CLA will maintain its fundraising initiatives to support the appeal, ensuring that the plaintiffs are not burdened with litigation costs,” the group wrote. “We are pleased to report successfully negotiating an upfront flat fee balance of $28,000 instead of a standard billable hour arrangement.”
The group said its funding deadline is Feb. 27.
On Dec. 12, CLA filed a notice of appeal against the summary judgment made in November by Judge H. Thomas Padrick, Jr. The group says they are appealing to “restore residents’ rights and prevent developers and speculators from benefiting at the expense of low and moderate-income residents.”
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.
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. Plaintiffs had argued the zoning amendment would not “broaden access to traditionally single-family neighborhoods” or construct more affordable housing, but rather create more housing while “sacrificing the single-family home and single-family neighborhood in Alexandria.”
In November, Mayor Alyia Gaskins said the court’s dismissal of the case recognized years of deliberation by city leaders.
“The Zoning for Housing initiative is a key city priority that advances our commitment to expanding and diversifying housing options across Alexandria,” Gaskins told ALXnow.
Despite initial efforts against the city’s regulations being dismissed in court, in August 2024, Judge David S. Schell ruled that the case had standing and could go to trial.
In November 2024, Schell also ruled in favor of the plaintiffs in a similar case in Arlington County, invalidating the county’s Missing Middle zoning changes. Four months ago, however, a Virginia Court of Appeals ruling effectively put the zoning change back on the books.
The residents filing the appeal are Phylius Burks, William Corin, David and Meghan Rainey, Joshua and Maria Carias Porto, John E. Craig and Jimm Roberts.
