Oak Ridge council postpones special-use permit hearing after debate over attorney representation

The Oak Ridge Town Council voted Dec. 4 to continue the evidentiary hearing on special-use permit SUP25-01 until Feb. 5, 2026 after extended discussion about the quasi-judicial process and whether a corporate applicant may be represented by a nonlawyer.

Town counsel read advisory opinions from the North Carolina State Bar addressing the unauthorized practice of law in quasi-judicial hearings and advised the council that a corporate applicant traditionally must appear through counsel for adversarial legal work. Several council members said they would prefer an attorney be present; others argued that the council can accept factual presentations from technical consultants while limiting representatives from presenting legal argument or cross-examining witnesses.

Council considered multiple motions: an initial motion to allow the applicant’s chosen nonlawyer representative to present facts but not act as counsel failed; the council then voted to postpone the hearing to Feb. 5 to allow the applicant to appear with an attorney and to give the council and public additional time for preparation. The town attorney advised that the board has discretion to waive attorney presence but should explicitly limit any nonlawyer representative to factual presentation and rebuttal rather than legal argument or cross-examination.

What happens next: The evidentiary hearing will reconvene Feb. 5, 2026 (date certain). If the applicant appears with counsel then, council members said the proceeding will include sworn testimony and factual evidence tied to the town’s special-use permit standards under the town code (section 30-10-48 and section 30-302).