A residency challenge against Central Kitsap Commissioner Josh Brown was dismissed on Wednesday because the plaintiff could not prove that Brown did not live in the district he was elected to represent.

“I believe that the plaintiff has not met the burden of proof that Mr. Brown was not a registered voter in his district,” visiting Superior Court Judge Craddock D. Verser said. “There is no reason to believe that the people who testified on his behalf lied.”

Verser said that even if Brown had not presented a defense, the challenge by Robert Ross would not have met its burden of proof.

“I feel exonerated,” Brown said after the decision. “The whole claim that the plaintiffs were seeking the truth was complete nonsense. This was a quest for revenge and an attempt to erase the votes of the people who elected me.”

Ross disagreed with the judge’s decision, saying “If Brown lied about his address, what else will he lie about?”

The suit was filed on Dec. 31 by Silverdale resident Ross, who alleged that Brown did not live in Bremerton in the Central Kitsap commissioner district to which he was elected. Ross charged that Brown actually lived with his parents in North Kitsap.

Ross declined to divulge the cost of the action or the other contributors to the case. He is the son of developer Ron Ross, who contributed over $20,000 in support of Brown’s opponent in the November election.

Both father and son said that Ron Ross was not involved in the lawsuit’s financing or strategy.

Robert Ross was represented by Michele Radosevich of Davis Wright Tremaine in Seattle. Brown was represented by Silverdale attorney John Morgan. The Washington State Democratic Party announced that it would help to fund Brown’s defense but backed out due to a conflict of interest.

Morgan attempted several times to call Ross to the stand, a motion that Radosevich did not allow.

“I think that Mr. Ross’ unwilling to take the stand was grounds for dismissal,” Morgan said. “If he really believed in seeking the truth, as he has said, he would have spoken out himself.”

While the challenge has been dismissed, Brown faces another residency challenge filed by James Olsen of Bainbridge Island. Olsen claims to have “compelling evidence” against Brown. Olsen is scheduled to present this evidence before the Kitsap County Canvassing Board at 2 p.m. Feb. 15 in the Commissioners’ Chambers in Port Orchard.