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Daniel council pauses nightly-rental hearing for 487 Cobble Creek Lane for 30 days while seeking attorney guidance
Summary
After legal counsel advised the Riley property owners' attorney wants an administrative-law venue, the Daniel Town Council voted to continue the hearing on alleged nightly rentals at 487 Cobble Creek Lane for 30 days and directed the town attorney to answer a list of council questions before the March meeting.
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The Daniel Town Council on Feb. 2 voted to continue for 30 days an informal hearing into alleged nightly rentals at 487 Cobble Creek Lane after the town's attorney advised the owners' counsel that procedural questions might be better resolved before an administrative-law judge.
The mayor told the council that the town attorney had contacted staff earlier and recommended a continuance because the Rileys and their attorneys were not present and their counsel had raised concerns about the structure of the council's informal hearing. Eric (town staff) described the options, including an administrative-law hearing that would pause council action while that process played out.
A first motion to refuse a continuance and proceed with the hearing failed in a roll-call vote (Bennett yes; Bolton yes; Grady no; Rose no; Kohler no). Council member (Speaker 4) then moved to continue the matter for 30 days and directed the town attorney to answer a set of specific questions, including what the town's enforcement options would be if the council chooses not to continue and what the likely outcomes of an administrative-law hearing would be. The motion was seconded and passed (Bennett no; Bolton yes; Bridal yes; Rose yes; Kohler yes).
Council members said they wanted clear legal guidance before deciding whether to proceed in council or allow the matter to move to an administrative review or court. Speaker 10, who unsuccessfully moved to proceed tonight, said, "I've had enough. I've decided." That motion failed, and the council approved the 30-day continuance.
Town staff will compile the council's questions and the town attorney will provide answers by email ahead of the next meeting; the council also discussed inviting the town attorney and, if available, opposing counsel to the March session. Until the council receives the attorney's guidance, formal action on the complaint is paused.
