PORT ORCHARD — The 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,” said visiting Superior Court Judge Craddock D. Verser. “There is no reason to believe that the people who testified on his behalf lied.”

“I feel exonerated,” Brown said. “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.”

Verser said even if Brown had not presented a defense, the plaintiff’s case would not have met its burden of proof.

The suit claimed that Brown did not reside at his apartment on 1015 Perry St. in Bremerton because it was sparsely furnished and showed little evidence of a “lifestyle.”

Verser said the plaintiff’s most convincing witness was an energy expert, who testified that Brown’s utility usage was way below average and would not support the activities he claimed to conduct in the apartment.

According to his own testimony, Brown rarely used heat or hot water. He used his cell phone for most communications, and “piggy-backed” wireless Internet service without permission from his neighbors. The only furniture of any note in the apartment was a futon mattress.

The plaintiff called several neighbors who denied ever seeing Brown at the apartment. Brown’s attorney called several friends and relatives who testified to his ascetic lifestyle, including a reluctance to turn on the heat.

They also testified they visited the apartment several times and observed a decor that was consistent with his past behavior.

Verser gave this testimony weight, saying, “It’s a bit Machiavellian to think that Mr. Brown had people visit him in this apartment so they could testify about these visits at a later time.”

Brown acknowledged that he moved to Kitsap County, where he attended junior high and high school, with the purpose of running for office. After deciding to enter the Central Kitsap Commissioner’s race, he consulted the Secretary of State’s Web site in order to determine the legal requirements to establish residency.

Verser didn’t feel Brown did anything wrong in this respect, saying that someone could establish residency just one day prior to filing the official candidate declaration.

Candidate declarations are only accepted during the last week in July, although a public disclosure statement is required as soon as a candidacy is announced.

According to his testimony, Brown declared his candidacy in early February but it took until June to find the Perry Avenue apartment. During that time he lived at his parents’ home near Hood Canal.

“I know Bremerton is in a turnaround,” Brown testified on Monday. “But it took me a long time to find a place where I felt safe.” 

The suit was filed on Dec. 31, 2006 by Silverdale resident Robert Ross, who is the son of developer Ron Ross, a major contributor to the campaign of Jack Hamilton, who opposed Brown in the November general election.

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

Robert Ross would not say how much he spent on the case and did not identify the two other individuals who helped to finance the effort. Brown, who said he spent $20,000 of his own money for his defense, guessed that Ross spent at least $50,000.

“They spent more on their case that most people in the county make in a year,” Brown said.

Robert Ross said his motivation in filing the suit was to be a good citizen, asking, “If he is willing to lie about where he lives, then what else will he lie about?”