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Hotly contested Virginia Beach city council seat now in judges' hands

A three judge panel said they would come to a decision on or before March 15th

VIRGINIA BEACH, Va. — The trial on whether Virginia Beach City Councilman David Nygaard lived in the Beach District when he ran for the seat continued Friday.

A three judge panel said they need more time to consider the evidence and will send a letter with a decision to all parties involved on or before March 15th.

Former councilman John Uhrin claimed Nygaard lied about his residency in order to run for council in the Beach District.

Nygaard won by more than 200 votes.

Uhrin's attorney Alan Albert said he couldn't believe Nygaard never appeared in court during the two-day trial and that he is hiding something from the public.

"I was shocked," said Albert. "If my right to hold public office were at issue, I'd at least show up."

Uhrin alleged Nygaard created a “sham residence” in order to run and win his seat while actually living in the Lynnhaven District.

The property manager of the 20th Street duplex, Diana Hedge, testified on Friday and shared a text message between her and Nygaard. 

Nygaard sent her a text saying he is only using the residence in order to run for city council and that he planned on living there part-time. 

Albert said this is proof that Nygaard's intention was never to live in the home full-time, as required by the law.

"There is precious little evidence that he intended to live there permanently to have that as his real place of abode," said Albert.

Cynthia Shortridge, a senior voter registrar, testified on Friday and said the address listed on Nygaard’s candidate forms did not match the address listed in his voter registration. 

Nygaard’s application to run was approved with the Department of Elections.

Nygaard's attorney, Gary C. Byler pushed back against witness testimony that said Nygaard never lived in the home due to lack of furniture.

"It's not how clean your apartment is, it's not how nice your dinette set is, it's how many votes you get," said Byler.

During closing arguments, Byler said Nygaard did everything legally and the voters made their decision.

"You make your pitch to the voters and you don’t cry about it for the third time," said Byler.

Uhrin filed a lawsuit challenging Nygaard's legitimacy, which included an injunction that would have prevented Nygaard from taking part in council votes.

A three-judge panel shot down that request. The judges said Nygaard was already sworn in and they didn't feel they had the right to do that, or disenfranchise the votes of 60,000 voters in the Beach District.

The judges said they want to finish the trial today and will stay until “the cows come home.” 

David Nygaard is listed to testify, but his attorney said he’s not sure if that will happen.

Nygaard stands by his claim that he lived in the district during the election.

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