Judge rules in city's favor in zoning lawsuit
Decision on summary judgment motions upholds controversial housing initiative
ALEXANDRIA, Va. (AP) — An Alexandria Circuit Court judge ruled in the city’s favor Wednesday on motions for summary judgment in a lawsuit challenging the city’s elimination of single-family zoning protections.
Judge H. Thomas Padrick Jr. granted the city’s motion for summary judgment following a public hearing held at 10 a.m. at Alexandria Circuit Court, upholding the city’s controversial Zoning for Housing initiative.
Mayor Alyia Gaskins announced the ruling at Wednesday night’s City Council legislative meeting, calling the decision “well reasoned” and saying the court agreed that the state housing amendments “were lawfully enacted and supported by the record.”
“The court’s decision recognizes that the zoning amendments reflected years of thoughtful and thorough deliberation,” Gaskins said. “On behalf of the council, I just want to say we are thrilled with this judgment and we look forward to continuing our efforts to ensure that our community remains an affordable and accessible place for all.”
Gaskins also recognized city staff who worked on the zoning initiative and legal case, saying “today’s judgment is truly a testament to their hard work.” She specifically thanked former planning director Paul Moritz, planning and zoning staff, city attorneys, and the legal team from McGuireWoods LLP.
Councilman Kirk McPike called the decision “a victory for the people of our City” in a statement posted on social media.
“Bringing new housing supply — both committed affordable and market rate — to the market is the only way to slow the rise in housing prices,” McPike said. “A more livable and affordable Alexandria is possible if we commit ourselves to expanding the housing options available to our residents.”
The Coalition for a Livable Alexandria, which organized opposition to the zoning changes and helped fund the legal challenge, acknowledged the ruling in a statement sent to supporters Wednesday afternoon.
“We acknowledge the outcome of today’s hearing, where Judge H. Thomas Padrick Jr., granted the City’s motion for summary judgment,” the coalition said. “We will conduct a comprehensive review of the Judge’s order and carefully consider all available legal options.”
The statement suggested the group may appeal the decision.
The lawsuit, filed in January 2024 by Alexandria residents Phylius Burks, David and Meghan Rainey, Joshua and Maria Carias Porto and John E. Craig, challenged City Council’s November 2023 decision to allow construction of up to four housing units on properties previously restricted to single-family homes. Two other plaintiffs, William Corin and Jimm Roberts, voluntarily withdrew from the case earlier this year.
In their amended complaint, the plaintiffs raised four counts: that City Council and the Planning Commission acted ultra vires, or beyond their authority; that the amendments were arbitrary and capricious; that proper notice was not provided; and that the ordinances violated the Virginia Constitution.
The plaintiffs argued the city failed to adequately study impacts on infrastructure, traffic and flooding, and that the changes violated the city charter by not properly considering comprehensive plan elements.
According to fundraising documents, coalition supporters raised more than $64,000 through mid-June 2024, with legal fees exceeding $45,000 during that period. The coalition said in its statement that Virginia courts “typically afford considerable deference to legislative bodies.”
YIMBYs of Northern Virginia, a housing advocacy group that supported the zoning changes, celebrated the ruling.
“Zoning for Housing’s unanimous passage was an important, but modest, step toward making all of Alexandria’s neighborhoods more welcoming and affordable,” said Alex Goyette, Alexandria lead for YIMBYs of NoVA. “We’re excited to start on the next chapter of housing reform.”
Padrick, a retired Virginia Beach judge, was appointed to the case by the Virginia Supreme Court in April after Judge David S. Schell fully retired. Schell had ruled in August 2024 that individual plaintiffs had standing to proceed, though the Coalition itself was dismissed from the case. All three Alexandria Circuit Court judges had recused themselves.
The Zoning for Housing initiative passed City Council unanimously in November 2023. The ordinances allow construction of duplexes and buildings with up to four units in neighborhoods previously restricted to single-family homes. The changes also reduced parking requirements, with no minimum parking required for dwellings up to four units within designated Enhanced Transit Areas, and a minimum of 0.5 parking spaces per unit outside those areas.
City officials have said the changes could result in approximately 66 new residential buildings with 178 units over a decade. The city has defended the initiative as addressing housing affordability challenges and reversing generational impacts of discriminatory housing policies.
Opponents have argued the changes would increase density, strain infrastructure and fail to create affordable housing.
The city hired McGuireWoods LLP to defend the zoning changes, with legal fees covered by taxpayers.
