Protesters hold signs in opposition to the proposed changes in zoning Nov. 25, 2023 at Market Square. City Council unanimously passed the changes Nov. 28, 2023. On Aug. 26, a judge ruled that a lawsuit filed by citizens against the city can proceed to trial.
A group of residents challenging the city’s controversial Zoning for Housing/Housing for All initiative won the latest court battle as Judge David S. Schell ruled Aug. 26 that the case against the city had standing and can move forward to trial.
Schell affirmed plaintiff standing and the Amended Complaint for Declaratory Relief against the City of Alexandria, rejecting the city's motion to dismiss the lawsuit in the Alexandria Circuit Court. The judge concurred with the city's assertion that the Coalition for a Livable Alexandria lacks standing because it does not own property as a corporate entity.
“Proof is not required. All that is required is that they allege a case of action.”
— Judge David S. Schell
The plaintiffs in the case are fighting to reverse the zoning changes that were unanimously approved by City Council on Nov. 28, 2024.
In May, the initial case was dismissed with Schell giving the group 30 days to amend their complaint to clearly identify specific harms to their individual properties. At the time he otherwise found that the pleadings satisfy the requirements to go to trial.
The amended filing specified how individual properties would be harmed as a result.
According to the city’s website, Zoning for Housing is a comprehensive proposal of zoning reforms with the goal of expanding housing production and affordability and addressing past and current barriers to equitable housing access.
The reforms include 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 plaintiffs in the case – residents Phylius Burks, William Corin, David and Meghan Rainey, Joshua and Maria Carias Porto, Jimm Roberts and John E. Craig – argued that increased traffic as well as increased taxes, parking problems, and population density are examples of the injuries they would suffer.
“Proof is not required,” Schell said. “All that is required is that they allege a case of action.”
The lawsuit, filed in the Circuit Court of Alexandria, alleges violations of state laws governing zoning procedures, as stipulated in the city's charter.
Schell, a retired Fairfax judge, was appointed to the case by the Virginia Supreme Court after the city’s circuit court judges recused themselves. This is the second similar case for Schell, who heard Arlington’s case against Missing Middle zoning changes in July after the county’s judges recused themselves. The decision on the Arlington case is expected next month.