District Court Judge Michael Villani sent the issue back to the City Council on Friday, finding that business owner Dan Towbin should have been allowed to have an attorney represent him before the council.

In May, the City Council ruled that the flagpole should be taken down because it was bothering residential neighbors of the dealership, on Sahara Avenue between Decatur and Jones boulevards. Council members, as well as some veterans organizations, questioned the flag's use as a marketing device.

The council's decision came despite a request from Towbin's attorney, David Chesnoff, to delay making a decision because he just had been hired by Towbin.

In a rare move, Councilwoman Lois Tarkanian denied the request and decided to move forward. The dealership is in her ward.

"The judge did not indicate any other problem with the council's decision other than the failure to grant a continuance to secure counsel," City Attorney Brad Jerbic said.

Chesnoff said that for now, the flag has been granted a stay of execution.

"We're pleased with the judge's decision and look forward to making our presentation to the City Council so the American flag can remain permanently flying," Chesnoff said.