A man elected to the Houston Community College Board of Trustees was in court Friday to fight for his position.

In a packed downtown courtroom the controversy is far from over as to just who will ultimately hold the HCC Board of Trustees seat.

Dave Wilson claims he was legally elected back in November.

"Just because a bunch of lawyers want to stop this... the will of the people is what needs to be considered and I got voted in. And they're wanting to overturn the will of the people," Wilson said.

But 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.

The county attorney says Wilson doesn't even live in that district, so they asked and received a temporary restraining order.

And Friday they were hoping to get an injunction to stop Wilson from sitting on the college board until a jury hears the case. Instead the judge ordered both sides to submit more evidence before he makes a decision what will happen next.

"We are pleased with the judge's decision today. We will be back in a few days and allow the judge to hear additional evidence on what should be done in this case," said Robert Sword with the Harris Co. Attorney's Office.

But Wilson says he is a resident and deserves to take his seat on the HCC board no matter what the judge or jury decides.

"I'm going to sit up front and I'm to vote and do the whole thing, yes. I might even lobby to become chair of the board too," said Wilson.

The judge says a jury trial to get a final decision on this issue will take place about two months from now.