A public commenter raised concerns Oct. 18 about a recent resumption of EHO (expansion of housing option) permit approvals while litigation continues in the courts.

The commenter said 38 previously voided EHO permits were approved again and argued that resuming the process before final court resolution could expose buyers and the county to further litigation, uncertainty about appeal clocks, and costly correction orders.

Board members and the county attorney explained the legal posture. The county’s acting attorney said the Court of Appeals' order vacated the circuit court judgment and returned the legal situation to how it stood in 2023; under that decision the county must accept and process permits consistent with current law. That left limited discretion for the board to pause permit processing, the attorney said.

Board members acknowledged the public concern but said the department must follow the courts’ orders and that full resolution may take months, possibly longer if the Supreme Court of Virginia considers the case.

No immediate administrative reversal was made; staff said they will continue to monitor the litigation and provide information as court decisions evolve.