A three-judge panel shot down former Virginia Beach City Councilman John Uhrin's request to keep the person who beat him in the November election off the council.
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.
"Mr. Uhrin needs to make a decision on whether he wants to go to work or whether he simply wants to just sit in a chair. I've been going to work. I've been working for the people," said Nygaard after the ruling.
The request for the injunction was part of a lawsuit Uhrin filed against David Nygaard. Uhrin claimed Nygaard lied about his residency in order to run for council in the Beach District.
Uhrin claimed Nygaard never lived on 20th Street at the oceanfront like he claimed in his candidacy paperwork he filed.
Nygaard maintained to 13News Now that his residency was legitimate.
"I'm confident because the facts are in my favor and I'm happy to have a detailed listing of those facts as it goes to court," he said.
Uhrin's lawsuit challenged Nygaard's legitimacy. The injunction would have prevented Nygaard from taking part in upcoming council votes until the lawsuit is settled.
The judges ruling meant that Nygaard was able to participate in the first city council meeting of the year Tuesday, where he was sworn in and he took part in the vote that seated Jim Wood as the new vice mayor.
With the ruling Tuesday, Nygaard's votes on city issues will be official, which includes voting on the Dome Site project next week. It will be the biggest public-private partnership in city history.
"I'm committed to doing the work of the people," Nygaard told 13News Now.
The judges still need to take up the primary issue set forth by the lawsuit. That trial should take place on February 21 and 22.