Prior to the recall election of April 2004, the Colorado District Court heard oral arguments in the case of "Burgess v. Town of Orchard City", which examined whether David Burgess, candidate running against Trustee Schuster, satisfied the residential requirements in order to run. Trustee Schuster alleged that Burgess should not be certified to run, because he did not live in the town. Town Clerk Gio Garver refused to certify Burgess' petition because the town was not 100% certain where he lived. Burgess was remodelling his home and lived in a temporary trailer outside the town limits. The court held that Colorado Revised Statute 31-10-301 and the case of "Theobald v. Byrns" in which the Colorado Supreme Court interpreted domicile as being left up to the individual to choose which address they would make as their domicile, thus Mr. Burgess’ voter registration could be used to help determine domicile. David Burgess was defeated in his re-election bid in April 2006.