VIRGINIA BEACH, Va. (WAVY) — A three-judge panel in Virginia Beach has ruled David Nygaard’s election to the Beach District seat is void.
In its opinion letter, the panel said Nygaard did not satisfy residency requirements and was not eligible to run for the seat.
John Uhrin filed a lawsuit against Nygaard in December, claiming he did not did not live in the district.
Nygaard won the seat over Uhrin — who was seeking reelection — by a narrow margin following last November’s election, the results of which were later certified in a recount.
The ruling comes after a two-day trial was held in February. According to state law, a special election will need to be held for the seat, meaning Uhrin would have to run again.
However, Virginia Beach city attorney Mark Stiles says all of Nygaard’s votes so far will stand, and he will remain in office until a court order to remove him is received.
Per State Law…there will be a special election. @JohnUhrinVB would still have to run again for his @CityofVaBeach Council seat. Here is an excerpt of 3-judges decision @WAVY_News pic.twitter.com/yg9oc3ZWrZ— Brett Hall (@BrettHNews) March 8, 2019
This is a developing story. Stay with WAVY.com for updates.