VIRGINIA BEACH — A three-judge panel on Tuesday denied former-City Councilman John Uhrin’s attempt to block City Councilman David Nygaard from being seated as the representative of the Beach District.
The ruling brought Nygaard one step closer to lifting the cloud hanging over him as he takes the ceremonial oath of office during Tuesday’s council meeting.
The three-judge panel ruled unanimously to deny Uhrin’s pre-trial motion, which would have barred Nygaard, or any other candidate, from being seated as the Beach District representative.
Uhrin’s attorney asked the judges to leave the seat empty until Uhrin’s lawsuit again Nygaard is over — that lawsuit was brought by Uhrin in December and questions whether Nygaard was an eligible resident of the Beach District. The judges did not rule on that lawsuit Tuesday.
The panel cited Nygaard has already been seated and officially sworn-in as a city employee. The panel also said Nygaard has not done anything — such as committing a felony — that would justify removing him from office.
“He (Nygaard) has been certified and sworn-in, and we will not provide injunctive relief that would remove him from office,” said Judge Glen Croshaw, who also led the three-judge panel that oversaw Virginia Beach’s historic 2018 election recount.
Watch Nygaard’s statement here immediately following the ruling.
Uhrin’s lawsuit challenging Nygaard’s residency is scheduled to begin in February. Nygaard will take the ceremonial oath of office during Tuesday’s formal session of City Council.