(ABC 6 News) – A Rochester city council member is challenging her opponent’s candidacy.

Kelly Rae Kirkpatrick, the current Ward 4 representative, lost the Nov. 5 election to Andy Friederichs, a Rochester housing developer.

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Kirkpatrick, along with several Ward 4 residents, filed a civil motion in Olmsted County Court Nov. 13 requesting the city review Friederichs’ residency and claiming he did not actually live in the district in which he ran.

The filing argues that Friederichs left the home he and his wife own in Marion Township to run for election in Ward 4.

According to the court filing, Marion Township is not part of the City of Rochester — much less a part of Ward 4.

Friederichs’ wife allegedly lists her address as the Marion Township home, while the council member-elect filed using two different apartment complexes he owns in Ward 4 — Marion Apartments (1600 Marion Road, Rochester), then The Parker (101 E Center Street, Rochester).

“The mere intention to acquire new residence is not sufficient to acquire new residence unless AF moves to that location,” the civil complaint reads. “AF moving to a new location is not sufficient to acquire new residence unless he intends to remain there.”

Andy Friederichs gave the following statement Nov. 15: “I live at 101 East Center Street Unit 105. I look forward to learning how to serve our community at this capacity. I will work hard to do a great job as the Ward 4 city council representative.”

Kelly Rae Kirkpatrick said the following, “It’s not about the votes, the people chose Mr. Frederichs 190 votes over me, that isn’t what this is about. This is about aligning our city rules, and the county rules, charter, ordinances, what have you, with the Minnesota Statute. ” Kirkpatrick says she is hoping that election integrity is taken into account.