CHESAPEAKE, Va. (WAVY) — Councilman Don Carey is cleared to continue holding his current elected seat and pursue a new one after a judge dismissed two cases against him Thursday.

Back in July, a majority of Carey’s colleagues voted to file a writ of mandamus to compel Carey to resign in order to comply with a City Charter provision requiring current council members to resign by June 30 in order to run for mayor.

A separate lawsuit was filed by the president of the Virginia Tea Party, asking the court to declare Carey ineligible to fill the seat of mayor if he were to win.

Retired Portsmouth Judge Billy Moore dismissed both, citing conflicts with the City Charter and state law that moved local elections back in 2021 from May to November.

“I don’t think City Council made any mistake,” Moore said. “I don’t think anyone foresaw this situation happening.”

Carey, however, from the beginning maintained it was all political.

“I hope that we get past this and began doing the work of a council, that is tending to the needs of our city,” Carey said.

Carey is challenging current Mayor Rick West, who is running for his second full term.

While both have long identified as Republicans, Carey has the endorsement of Democrats for this November’s election.

West has stayed out of the court battle. However, his close ally, Councilwoman Amanda Newins, made the motion to send the matter to court.

“Council is charged with enforcing the city’s charter, and we received an opinion from the Attorney General that Mr. Carey must resign by June 30 in accordance with our charter,” Newins said after the ruling. “Due to his failure to do so, we voted to put the matter in the hands of the Court.”

Newins clarified that she wasn’t disappointed with the ruling, as “the purpose of the motion was for the court to decide how we proceed given the language in the charter.”