PRESS RELEASE: Lawsuit Challenging EHO Ordinance Goes To Trial


October 23, 2023.

I’m Audrey Clement, Independent candidate for County Board on November 7, and I’m delighted that the judge presiding over a homeowners’ lawsuit challenging the County’s Missing Middle (a/ka/ EHO) ordinance ruled that it can go to trial.

The County Attorney actually argued that homeowners had no standing to sue and that attempting to do so was a “subversion really of our democratic process”. This amounts to declaring that the courts have no right to review legislation and is a prescription for arbitrary rule.

I’m glad that the judge rejected a challenge to his own judicial prerogative to review the law. Nevertheless it would be premature to celebrate. Even if the EHO ordinance is overturned, the County is likely to advance a new one. Unless such a plan is accompanied by an honest assessment of the impacts, Arlington’s quality of life remains at risk.

The best way to assure that the impacts of up-zoning on parking, traffic, schools, tree canopy and runoff are thoroughly evaluated is to elect County Board candidates who oppose the current EHO ordinance, which was devoid of impact analysis prior to adoption.

Those candidates are Juan Carlos Fierro and me. In addition to insisting on impact analysis of any major rezoning plan, we pledge to:

  • Seek immediate tax relief for residents and businesses.
  • Emphasize basic services like: streets, schools, libraries and public safety.
  • Reduce the office vacancy rate by lobbying federal agencies to relocate here.

If you share our mutual agenda, then:

  • Support our candidacies,
  • Donate to our campaigns.
  • Help make the “Arlington Way” more than an empty phrase.

For more information about the County Board candidates, attend the virtual Lyon Village Civic Association Candidates Night at 8 p.m. on Monday, October 30. Here is the link:

https://us02web.zoom.us/j/89469065139?pwd=dUFzM21CNGd1OVN%20OR1FLY1F3UVR1dz09#success

Meeting ID: 894 6906 5139 Passcode: 083154