Coalition seeks $28,000 to fund zoning lawsuit appeal
Flat fee due Feb. 27; mayor says litigation slowed development
The Coalition for a Livable Alexandria says it needs to raise $28,000 by late February to cover the cost of appealing a lawsuit challenging the city’s zoning policies.
The organization announced Monday that it had negotiated a flat fee for the appeal rather than a standard billable-hour arrangement. The full payment to law firm Dunn, Craig & Francuzenko is due Feb. 27.
The coalition said it explored alternative approaches before filing, including engaging new or supplementary legal counsel, but plaintiffs chose to remain with their current legal team.
The case, Phyllis Burks, et al. v. City of Alexandria, et al., challenges the City Council’s November 2023 decision to allow construction of duplexes and buildings with up to four units on properties previously restricted to single-family homes under the Zoning for Housing initiative.
Since the initiative was approved, the city has approved 96 accessory dwelling units and approximately 35 additional units under the provision removing dwelling-unit-per-acre limits, according to the city's website. Six units have been approved or are anticipated under the single-family zoning reform at the center of the lawsuit.
Mayor Alyia Gaskins told residents at a Rosemont Citizens Association meeting last week that the policy’s implementation has been slower than some anticipated, in part because of the litigation.
“A lot of people who might have taken advantage of the policy actually didn’t move and didn’t sort of move on maybe potential projects or things that they might have considered,” Gaskins said.
The mayor said the first project approved under the policy was not a single-family conversion but a multifamily apartment building on Seminary Road that added approximately 20 ADA-accessible units after converting former laundry facilities.
Judge H. Thomas Padrick Jr. ruled in the city’s favor on Nov. 12, granting summary judgment. A final order dismissing the lawsuit with prejudice was entered Nov. 26. The coalition filed a notice of appeal Dec. 12.
The group announced last month that it had raised $45,000 to cover outstanding legal fees from trial court proceedings, triggering a deal with the law firm to forgive $41,000 in outstanding fees. The coalition has claimed total litigation expenses of $252,000 over nearly two years.