The first phase of the trial begins Dec. 6 before Alameda County Superior Court Judge Michael Markman.
Alameda County supervisors voted to give Brown the District 3 seat following Chan's death in a vehicle collision in November 2021 in Alameda.
The Alameda County Taxpayers' Association and other citizens allege Brown was required to be a resident of Alameda County for a year before the Board of Supervisors voted for him to take on Chan's role, said attorney Jason Bezis in an email on behalf of the group seeking to unseat Brown.
That association, as well as the citizens argue that the county Administrative Code requires a one-year residency.
Elected officials must be a resident of Alameda County for a year before their election. County officials argue that Brown was "appointed" so the one-year residency requirement fails to apply, according to a letter to Bezis from County Counsel Donna Ziegler.
But the taxpayers group and others argue that Brown was "elected" by the Alameda County Board of Supervisors in a 3-0 vote. The group and others also argue that the word "elected" has a broader meaning that includes the action taken to seat Brown.
In addition, those trying to unseat Brown allege he did not meet the 30-day residency requirement in California law.
Brown's office did not respond to a request for comment Wednesday afternoon.
