JUST IN: Judge rules plaintiffs have standing to trial to reverse Alexandria's housing plan redesign

Alexandria residents fighting against the city's comprehensive rezoning or housing for all won in court today: Judge David S. Schell ruled that their case is admissible and can proceed to trial.

The plaintiffs, all residents of Old Town, have been fighting to reverse the zoning changes since the City Council approved them in December 2023. While initial efforts were dismissed in court, their amended complaint outlined how their individual properties would be harmed as a result.

The Housing/Housing for All zoning code includes a single-family zoning provision that allows developers to build up to four-unit homes on any lot, reduces parking requirements for single-family homes, and analyzes the conversion of office space to residential space.

Residents said they were particularly affected by the effects of increased traffic and pedestrian traffic, as well as higher taxes, parking problems and higher population density.

Schell ruled that the cases brought by Old Town residents Phylius Burks, Joyce Pastore, William Corin, David and Meghan Rainey, Joshua and Maria Carias Porto, Jimm Roberts and John E. Craig can proceed to trial. He also ruled that the local group The Coalition for a Livable Alexandria, led by City Council candidate Roy Byrd, does not have standing to litigate the case.

“We have won a battle, but there is still a long, arduous road ahead,” Byrd said. “The coalition is no longer involved in the litigation, but as an organization we will continue to raise funds so that the plaintiffs do not have to bear the financial burden of the litigation.”

Byrd said more than $30,000 has already been spent on the project and that the cost could potentially reach six figures.

Schell is based in Fairfax and was assigned to the case by the Virginia Supreme Court after the city's district judges disqualified themselves from hearing the case. This is the second similar case for Schell, who has been assigned to litigate Arlington's Missing Middle zoning changes after district judges disqualified themselves from hearing the case. The decision in the Arlington case is expected next month and could shed light on the direction of the Alexandria case.

“If the Arlington case is decided in favor of the plaintiffs,” Byrd said, “then the city will have to make some decisions about how to proceed.”

Reporter James Cullum has been covering Northern Virginia for nearly 20 years. He started working with ALXnow in 2020 and has covered every story imaginable for the publication, from investigative stories to features and photo galleries. His reporting includes stories from domestic and international situations, as well as from the White House, Capitol, Pentagon, Supreme Court and State Department. He has also covered protests and unrest across the U.S. (including the Jan. 6 riot at the U.S. Capitol), as well as earthquake-stricken Haiti, the Western Sahara in North Africa and war-torn South Sudan. He has photographed presidents and other world leaders, celebrities and famous musicians, and excels under pressure.