VIRGINIA BEACH, Va. — The trial on whether Virginia Beach City Councilman David Nygaard lived in the Beach district when he ran for the seat, began Thursday.
Former councilman John Uhrin claimed Nygaard lied about his residency in order to run for council in the Beach District.
In front of a three-judge panel Thursday, Uhrin's attorney said public records show that Nygaard made a deliberate effort to create a sham residence in the Beach District in order to run and win the election.
"This is a circus and a spectacle," said Nygaard's attorney, Gary C. Byler. "A public humiliation of Virginia beach’s first openly gay councilman."
Witness Takiaa Cooper, who worked on Nygaard's failed congressional campaign, testified that she was directed by Nygaard to find an apartment in the Beach District, a district he felt he could win for city council.
At the time, Nygaard was living with his dad on Cutty Sark Road, a house in the Lynnhaven District.
"She was directed to find a place in the district and to do it legally," said Byler. "Now remember, he went the registrar and this was all cleared."
Multiple witnesses took the stand, testifying Nygaard never actually lived in the 20th Street house.
Uhrin's attorney pointed out that cars, business licenses and personal property tax were registered to the Cutty Sark house.
When asked if Nygaard was undermining the election process by shopping for districts, he replied, "No! Absolutely not. That’s what you're supposed to do as a candidate. I’ve been doing this since the 70’s. You find a district that you want to represent, you move into the district and then you make your pitch to the voters."
Byler added that voters knew about Nygaard's new residence in the Beach District before they voted and argued Uhrin is only bringing this up now because he lost the election.
In court, Uhrin said he wouldn't make a comment until the trial was over. His attorney, Alan Albert, said he would not make an on camera statement.
Uhrin filed a lawsuit challenging Nygaard's legitimacy, which included an injunction that would have prevented Nygaard from taking part in council votes.
A three-judge panel shot down that request. 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.
Nygaard stands by his claim that he lived in the district during the election.
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