VIRGINIA BEACH, Va. — A three-judge panel ruled against Councilman David Nygaard on Friday voiding his election and vacating his seat.
An official letter from the judges said there were credible witnesses, exhibits, and applicable law that led the court to believe Nygaard did not have the intent to establish residency in the 20th Street apartment.
Furthermore, the court ruled that residency requirements were not satisfied to a degree where Nygaard would be eligible to run for the council seat he won.
The court ruled he only intended to live at the address in order to run for Virginia Beach city council.
View the full letter here:
The trial started after 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 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 in February 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.
13News Now spoke with David Nygaard on February 22, and he said his primary residence from April through the November election was at an apartment on 20th Street in the Beach District. He has since moved again within the district.
"The voters spoke very clearly in November that the voters did not want John Urhin as their representative,” Nygaard told 13News Now in February.
This is a developing story.