Council President Chris Hilbert, who called the situation “embarrassing” for the body and city, says the council couldn’t remove Agelasto if it wanted to, citing advice from the city attorney. Agelasto’s colleagues on the city’s nine-member governing body have expressed frustration with the situation, but not willingness to pursue his ouster.

In his lawsuit, Richardson, a 5th District councilman for 18 years, challenged Agelasto’s explanation that he left the district to accommodate his family’s growing needs. The district encompasses Randolph, Oregon Hill, Woodland Heights, Swansboro, Byrd Park, Carytown and part of the Fan.

Agelasto said in November that he and his wife moved from the 1900 block of Floyd Avenue to the 4200 block of West Franklin Street because they are expecting a second child in March and needed more space. He called the move “temporary” but did not elaborate.

That Agelasto moved out of the district when there are houses there with ample space available to him is evidence of “neglect of duty,” Richardson’s lawsuit states. Richardson also argues Agelasto’s later decision to rent out his Floyd Avenue home made clear he did not intend to move back.