The erosion-control products manufacturer just outside the Mancos town limits pleaded not guilty Monday evening to charges that it violated several town ordinances including putting particulate matter in the air, littering and polluting streams and water supply.<\/p>\n
The company appeared in Mancos Municipal Court on Monday night over the telephone through attorney Jon Kelly. The town of Mancos was represented by attorney David Lieberman, who also phoned in for the arraignment, presided by Judge Scott Moore.<\/p>\n
Although Kelly entered a not guilty plea for his client, he alluded to filing motions with the court before the trial starts.<\/p>\n
\u201cWe will be filing a motion regarding jurisdiction,\u201d Kelly said. \u201cNinety-five percent of Western Excelsior\u2019s operations are outside the town limits, and that should be addressed before we go to a jury trial.\u201d<\/p>\n
The town attorney disagreed.<\/p>\n
\u201cThe violations have occurred in town boundaries,\u201d Lieberman said.<\/p>\n
At the beginning of the arraignment, Kelly requested a continuation because his client was out of town, but Mancos attorney Lieberman argued against that.<\/p>\n
\u201cI don\u2019t know why we need a continuation. This is just an arraignment,\u201d he said.<\/p>\n
Moore then allowed the plea, but said he had never presided over a municipal court jury trial in the case of a corporation that is not facing jail time, only fines.<\/p>\n
\u201cNormally if there isn\u2019t jail time, there isn\u2019t a right to a jury trial in municipal court,\u201d Moore said.<\/p>\n
But Kelly insisted his clients had the right to a jury trial.<\/p>\n
A jury trial was set for Jan. 12 at 5:30 p.m.<\/p>\n
Kelly told Moore to expect several motions to be filed, mainly a motion to dismiss based on jurisdiction.<\/p>\n
Nearly a dozen residents who live near the manufacturing plant filed into the courtroom and tried to speak to the judge.<\/p>\n
The judge wouldn\u2019t allow it.<\/p>\n
\u201cYou will have an opportunity to speak if there is a sentencing,\u201d Moore said. \u201cI would welcome any of those comments at that time.\u201d<\/p>\n
The proceedings took about 10 minutes, and the group of residents filed out of the room to discuss their strategies once the arraignment was over.<\/p>\n
\u201cI can\u2019t believe we have to wait another two months after two years of this,\u201d said Sherry Romero, who lives near Excelsior.<\/p>\n
In September, the Mancos Town Board directed Administrator Andrea Phillips to draft a letter to Western Excelsior, giving the business 30 days to clean up its act or be fined in September. The business can be fined up to $1,000 for each offense.<\/p>\n
The court arraignment was the next step in the process that found that Excelsior did not clean up its act in those 30 days, according to town inspections.<\/p>\n
Neighbors of the plant first approached the board about two years ago, complaining about dust and debris in the air.<\/p>\n
Neighbors complain that it is difficult to go outside, and their cars and yards are covered in debris and dust. One neighbor says since living nearby he has developed a persistent cough.<\/p>\n
\u201cTo ask for a jury trial on basically what is a littering violations, does seem a little out of the ordinary,\u201d said Chip Tuthill, chairman of the Concerned Residents of Riverside.<\/p>\n
\u201cIf someone took a couch from Cortez and dropped it into the street of Mancos, would that count as littering? Yes,\u201d he said. \u201cThat is basically what they are saying, that because they are not in the town limits, their littering does not count.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
set for January over town’s complaints about plant’s dust and debris<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[6371],"tags":[13],"naviga_topic":[],"class_list":["post-116616","post","type-post","status-publish","format-standard","hentry","category-mt-news","tag-frontpage-lead"],"acf":[],"author_name":"dh_admin","_links":{"self":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/116616","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/comments?post=116616"}],"version-history":[{"count":0,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/posts\/116616\/revisions"}],"wp:attachment":[{"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/media?parent=116616"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/categories?post=116616"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/tags?post=116616"},{"taxonomy":"naviga_topic","embeddable":true,"href":"https:\/\/dh.durangoherald.com\/tj\/wp-json\/wp\/v2\/naviga_topic?post=116616"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}