CHESAPEAKE — Chesapeake City Council filed a lawsuit against sitting member Don Carey for a dispute over whether he should resign in his bid for mayor.
The filing comes nearly a month after a majority of council members voted to request that a judge compel Carey to resign from his council membership to comply with the city charter as he seeks the mayor’s seat in the Nov. 5 election. Carey’s council term will end Dec. 31, but Chesapeake’s charter provision calls for a council resignation by June 30, though it was established when Chesapeake held city elections in May.
The lawsuit, filed July 31 in Chesapeake Circuit Court, is a writ of mandamus, which is a judicial order that requires a government official to comply with the law. The petition details the timeline of events before council’s vote in July to pursue legal action.
It states that Carey sought City Attorney Catherine Lindley’s opinion in February on whether the city charter requires him to step down. Lindley noted a potential conflict between the charter provision and two Virginia State Code clauses that suggest no council member’s term may be shortened as a result of implementing a 2021 legislative change that shifted local elections from May to November.