According to a motion to dismiss filed on behalf of the town of Mancos, Judge Scott Moore, who was expected to preside over the air and water pollution case, submitted a letter of resignation on Dec. 30.
Jurors had already been summoned.
"The town of Mancos was not able to locate a substitute judge to preside over the jury trial in this case," the motion stated. "This was not anticipated. It is not the fault of any party, or of the town of Mancos, or of the court. Justice would best be served by dismissing this case without prejudice."
The attorney for the town of Mancos, David Liberman, said the town can refile charges after a judge is found.
"We won't lose our rights to bring these citations to trial once we have a new judge," Liberman said. "This motion gives us leave to refile charges."
A new judge must be approved by town trustees.
The erosion-control products manufacturer, located just outside of town, was issued citations for air and water pollution late last year. In September, the Mancos Town Board directed Administrator Andrea Phillips to draft a letter giving Western Excelsior 30 days to clean up its act or be fined. The letter was drafted after neighbors to the company had complained for more than a year. The business can be fined up to $1,000 for each offense.
The company pleaded not guilty to the charges in November through attorney Jon Kelly, who appeared in Municipal Court by telephone.
Neighbors to the manufacturing company complain of dust and debris and have formed a group called Concerned Residents of Riverside. One neighbor says he has developed a persistent cough since moving to Riverside Avenue, and others say their yards and cars are covered in dust and debris.
Phillips said the town is advertising for a new judge, plus alternates. The deadline for submittals is Jan. 30, a new judge selected and appointed by the Board of Trustees is expected by mid-February.
