VIRGINIA BEACH, Va. (WAVY) — A judge has ruled that a lawsuit against the City of Virginia Beach’s election system can move to trial.

As 10 On Your Side’s previously reported, Oceanfront hotel owner and former city councilman Linwood Branch sued the city earlier this year, arguing the new 10-1 district voting method for city council and school board was illegally implemented.

Specifically, his attorneys argue that city council had no right to get rid of the three at-large positions spelled out in the city’s charter.

The judge in the case, Charles E. Poston, ruled on Monday that he will not order a change ahead of this year’s election.

The city, which argued that they had to change the system in order to comply with the Virginia Voting Rights Act, says it looks forward to defending itself in court.

“The ruling dismissed the entirety of plaintiff’s challenge to the 2022 election, denied the plaintiffs to adjoin the 2024 election, and sets the case on a path for a full trial on the Virginia Voting Rights Act’s impact on the city’s election system, presumably sometime after the 2024 election. The city looks forward to presenting additional evidence at trial as to why the Virginia Voting Rights Act compelled the city to adopt the 10-1 system,” said Chris Boynton, Virginia Beach deputy city attorney.

Brandan Goodwin, attorney for the plaintiffs, said: “We’re pleased with the decisions. We think the court answered many of the questions correctly and this was a small victory.”

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