County attorney: Ironwood contempt hearing continued after defendants raise parcel technicality

County Attorney Steven updated the Montezuma County commissioners on the Ironwood litigation at the Aug. 11 meeting, reporting that a contempt hearing set for the prior day was continued after defendants raised a jurisdictional/technical issue about the property described in the court order. "Ultimately, we were set for a contempt hearing yesterday . . . Based on our motion that the Ironwood Group and the defendants, Mark Hartman and Wade Bentley be held in contempt," Steven said, summarizing the matter.

Steven told the board the county had sought punitive contempt, which "involves going, asking that people be sentenced to jail," and described the high burden of proof for punitive contempt: the county must prove elements beyond a reasonable doubt. He said the amended stipulated injunction order (entry from December 2023) names 27930 Road T, Dolores, Colorado, as the facility address but that defendants argued the facility actually spans two parcels and that the larger parcel — where the wood-waste pile sits — might not be covered by the order. "The defendants raised the issue that . . . it's not clear beyond a reasonable doubt that the order requires removal from this larger parcel," he said.

To address that gap, Steven said the county moved to amend the agreement to list both parcels so the contempt elements are clearer; that amendment resulted in a continuance of the contempt hearing and the county will return to court to seek new dates and continue conversations with defense counsel about resolution. "We're coming back next Monday to find new dates for the contempt hearing," Steven said. The county will pursue the amended contempt citation and other mechanisms to try to compel cleanup of the site.