HOUSTON -

The Harris County Attorney's Office is trying to prevent a newly elected Houston Community College Trustee from being sworn into office because of questions about his residency.

Dave Wilson first made national headlines when he defeated the incumbent HCC trustee last November.

Wilson was accused of tricking voters in a predominately African-American community into thinking he was African-American by sending election flyers that featured blacks and linked him to prominent community leaders.

He won the election by 26 votes and is scheduled to be sworn-in with other trustees on Jan. 23.

"The question was brought to us whether he lived at the residence he claimed to when he filed for office on the HCC board," said Harris Co. Attorney Vince Ryan. "We immediately did some inquiries, we sent some investigators to the location and nothing seems to indicate Mr. Wilson is living there."

A state district judge has issued an injunction preventing Wilson from taking the oath of office until the two sides meet in court on Jan 10.

However, Wilson's attorney told KPRC Local 2 on Thursday that Wilson has already been sworn in during a private ceremony and filed the necessary paperwork with the Secretary of State's office.

"He's always been consistent about where he is declaring his residency," said Wilson's attorney, Keith Gross. "He doesn't bounce back and forth. He has a legitimate argument that is his residence."