The Supreme Court of Virginia has ordered a three-judge panel to hear the lawsuit made by a former Virginia Beach city council member against the candidate who defeated him in last November's election.
Former councilman John Uhrin claims David Nygaard lied about his residency in order to run for council in the Beach District. Uhrin filed a lawsuit challenging Nygaard's legitimacy, which includes an injunction that would prevent Nygaard from taking part in upcoming council votes.
Nygaard moved from the Lynnhaven District to the Beach District back in June. He said he confirmed he was legally allowed to run for City Council in the Beach District before running his campaign.
He went on to defeat Uhrin on Election Day by a little more than 200 votes. A lengthy recount process in December later upheld Nygaard's victory.
Opponent RK Kowalewitch filed an earlier complaint about Nygaard's residency. In October, Virginia Beach Commonwealth's Attorney Colin Stolle said there was insufficient evidence to support the complaint and closed the case.
13News Now spoke with attorney Kevin Biniazian about why Uhrin would file a similar complaint if the Commonwealth Attorney closed the case.
"What the Commonwealth Attorney said is, 'It's not something that we want to get involved in,'" said Biniazian. "The courts didn’t necessarily give that a stamp of the courts to say 'This is final, this is done, everyone put this aside.'"
The appointed judges to hear Uhrin's suit are Chief Judge Glenn Croshaw of the 2nd Judicial Circuit, Judge W. Allen Sharrett of the 6th Judicial Circuit, and Judge Jeff Shaw of the 9th Judicial Circuit.
A hearing for this case will be held on January 8 at the Virginia Beach Circuit Court at 2 p.m.