A Suffolk resident has filed suit against the city and its commonwealth’s attorney, claiming the city has ignored ordinances regarding rezoning and the commonwealth’s attorney’s office won’t prosecute the alleged crime.

Christopher Z. Dove, a resident of the Westhaven Lakes subdivision, has contended the issue with City Council members, council appointees, city employees and Commonwealth’s Attorney C. Phillips Ferguson by phone, by email and in person for more than a year.

Now, his lawsuit filed June 20 in Suffolk Circuit Court requests the court to order the city to enforce the requirements in its ordinances, rule that an alleged violation of the Unified Development Ordinance was a criminal misdemeanor and order a special prosecutor to investigate the parties involved and “take appropriate legal action.”

The issue began when Cloverleaf Development LLC rezoned land near the Westhaven Lakes subdivision, off Pitchkettle Road, in April 2007. The rezoning indicated it would be for 78 detached single-family lots and 114 age-restricted attached units.

In July 2009, the age restriction was removed, and changes were made to traffic improvements and cash proffers for schools. Still, the 78 lots remained in the rezoning ordinance.

But at some point, Dove contends, Cloverleaf changed its plans to include 128 detached single-family lots, and a public hearing was never held to make the change.

The 2009 rezoning ordinance says there will be 78 single-family lots, but that number is not in the proffered conditions.

After Dove began arguing the point at City Council meetings, then-City Attorney Ed Roettger issued an opinion that the city cannot place conditions on rezonings other than those volunteered by the property owner and that a sentence in the ordinance containing the lower number is not legally binding.

Dove says he has found Virginia Supreme Court decisions that state localities can amend proposed proffers and cannot ignore language contained in statutes.

After Roettger’s decision, Dove engaged in a lengthy series of emails with Commonwealth’s Attorney C. Phillips Ferguson, asking him for legal opinions and prosecution of those involved. Ferguson repeatedly responded and said his office handles only criminal cases, and that Dove’s complaint was a civil matter — “a difference of opinion” between Dove and the city attorney.

In his suit, however, Dove contends that city code says the violation of ordinances can bring criminal sanctions.

He asks the court to order the enforcement of the 78-lot number as well as design standards, rule that violating the rezoning order and the UDO was a criminal misdemeanor, order a special prosecutor to investigate the 14 persons involved — including the eight City Council members, Roettger, Ferguson, two more city employees and the two principals of Cloverleaf Development — and take appropriate legal action, and award his costs.

In a demurrer, Ferguson’s office says Dove “failed to articulate a basis for court to grant declaratory judgment” and that “the plaintiff has not been aggrieved in any way by Ferguson.”

In its reply to the lawsuit, the city says Dove failed to state a claim upon which relief can be granted, failed to establish standing and has not exhausted all the administrative remedies available to him, including going to the Board of Zoning Appeals.

It also says he did not sign the copy provided to the city, which Dove admits.

“They’re criminals, and I don’t want them to have my signature,” he said.

The copy in the court records is signed.

Dove said he is representing himself, because he could not find an attorney that did not have a conflict of interest.

City spokeswoman Debbie George said the city does not comment on pending legal matters. Ferguson was out of the office on Friday afternoon.

A hearing is set for Aug. 21.