A 6th Circuit judge is to hear arguments Nov. 10 in the case of a man charged with vandalizing machinery on southern Utah's scenic Burr Trail.

A preliminary hearing was held in July for Grant Smith Johnson, 31, who is accused of vandalizing bulldozers being used to widen a section of the controversial dirt road.However, Judge David Mower had not ruled on whether to bind Johnson over for trial when he recently granted a defense motion to rehear part of the preliminary hearing.

The alleged sabotage followed a federal court decision that Garfield County could go ahead with a project to upgrade a 27-mile section of the 66-mile-long road that meanders through some of the area's most pristine desert terrain.

Johnson, who has lived in the Deer Creek environmental enclave beside the Burr Trail near Boulder, is charged with four third-degree felony counts of criminal mischief. He also faces felony charges of growing marijuana with intent to distribute.

Defense attorney Ron Yengich said Monday he has filed motions and two lengthy memorandums asking the judge to dismiss all the charges against his client.

Yengich said because of the complicated nature of the case, it was not unusual that the judge had not ruled on whether to bind Johnson over to stand trial.