VIRGINIA BEACH, Va. (WAVY) — A two-day trial was set to begin Thursday to determine whether a Virginia Beach councilman can keep his job.

But David Nygaard was not in court. He wouldn’t say why, but several family members said he is estranged from the family, and didn’t want to deal with that. 

He will have to deal with it on Friday, because he will be in court, and so will they.

Circuit Court Chief Judge Glenn Croshaw, who heads a three judge panel deciding the case, made it clear there is only one issue: Where did David Nygaard live?

Was it in an apartment at 509 20th Street, or did he live with his father in Alanton in the Beach District? The former would make him ineligible to serve as councilman elected in the Beach District.

“He was absolutely not living with me. I can’t say where he was living, but he wasn’t living with me,” said Nygaard’s father Richard while arriving at the courthouse.

Former Councilman John Uhrin brought the suit, claiming Nygaard did not live in the district.

“Mr. Nygaard wasn’t a resident of the Beach District when he filed to run for this position,” Uhrin said.

On the stand, Nygaard’s son’s girlfriend Alicia Thomason claims Nygaard did live in Alanton with his father, and Nygaard wanted his son and Alicia to move to the 20th St. property, which they did not do. 

“Here is my primary point,” said Nygaard’s attorney Gary Byler. “None of this is new information. All of this was litigated during the election.  It was on TV, social media, so now after the election three judges are going to overrule the decision of thousands of Virginians. I don’t think so.”

Uhrin’s attorney Alan Albert’s opening statement called what Nygaard did a perversion of the election process, and he was creating a sham residence to run for city council.  

Byler shot back: “Residency involves intent. He knew he was moving to the district because he was going to represent the district, and he wanted to move away from his daddy after a marital status.”

He lived in the apartment, and that apartment is in the Beach District. 

Nygaard has always argued people knew he lived in the apartment 509 on 20th St. The voter registrar testified Thursday she knew he was running, and he filed his application on time. 

Byler said this about that: “their argument is he didn’t live there because his furniture wasn’t nice. His voter registration switch was investigated by the commonwealth’s attorney.” 

Nygaard’s attorney tried to get a letter from Commonwealth’s Attorney Colin Stolle on his finding that he found no probable cause that a crime had been committed admitted into court, but Judge Glenn Croshaw said it was not relevant to the only issue: David Nygaard’s residency. 

The trial will resume Friday at 9 a.m., with Nygaard as the last witness.