ENCINITAS -- An attorney with the Coast Law Group unsuccessfully sought to cancel the Encinitas City Council's closed-to-the-public meeting Wednesday afternoon, arguing that city had failed to follow state laws.

In an e-mail sent Tuesday, attorney Marco Gonzalez wrote that the city should cancel its last-minute, private meeting because it had notified the public only 24 hours in advance. And, he added, the notice stated only that the meeting was related to potential litigation and not what the legal dispute was about.

Both violate the Brown Act, the state law that covers public meetings, he wrote, adding that he believes the city regularly hosts special meetings that don't meet state legal standards. Gonzalez, who indicated in his letter that he could not attend the meeting, could not be reached for comment Wednesday.

City officials disagreed with his position that the meeting violated state law, and the Wednesday afternoon session went on as scheduled.

Moments before it started, City Manager Phil Cotton said that the council is allowed to host closed meetings with only 24 hours' notice rather than the standard 72 hours' notice if the meeting is considered a special session. Wednesday's meeting fit that standard, he said.

City Attorney Glenn Sabine said the meeting was called to discuss possible legal action related to a trail near Lone Hill Lane. A document he released Wednesday at the start of the meeting declared that a homeowner is threatening to sue the city because a private road project may be encroaching upon a city equestrian trial.

This isn't the first time that Gonzalez has had issues with the way Encinitas handles council meetings and city documents. He has sent the city a series of letters related to the recent conflict over the removal of 11 trees in Orpheus Park, arguing that the city didn't handle that situation properly.

He also isn't the only one who has had issues with the council's tendency to hold last-minute, private meetings.

Even some council members have said they want the public to have more advance warning that such meetings are taking place. In fall 2007, Councilwoman Teresa Barth announced that she would not attend closed sessions because she believed the city's meeting notification process was badly handled.

Barth didn't attend Wednesday's session. Her cell phone message indicated that she would not be available to answer calls all this week.

Contact staff writer Barbara Henry at (760) 901-4072 or bhenry@nctimes.com.