Bluff council ratifies settlement to disconnect roughly 5,315 acres after mediation with SITLA and Actons

Bluff — The Bluff Town Council voted unanimously Oct. 21 to ratify a settlement agreement reached in court-ordered mediation that will remove 5,314.8 acres from the town’s municipal boundaries and end ongoing litigation between the town, the Utah School and Institutional Trust Lands Administration (SITLA) and petitioners Kim and Ida Acton.

Town Manager Erin Nelson read the resolution and summarized the settlement, saying the agreement followed mediation held Oct. 15 and is attached as Exhibit 1 to the resolution. "At the conclusion of the mediation, the parties agreed upon a settlement agreement, which is attached in exhibit 1 and signed by the parties," Nelson said during the meeting.

The petition originally sought disconnection of roughly 9,514 acres, according to Nelson’s reading of the court filing. The settlement narrows that request: the town will consent to the municipal disconnection of 5,314.8 acres of lands identified on the map included with the agreement while retaining jurisdiction over roughly 4,199.2 acres of lands referenced in the petition that will remain inside the town’s municipal boundaries.

Nelson said the lands covered by the petition and discussed in the settlement include SITLA-owned parcels, privately owned acreage by Kim and Ida Acton, parcels managed by the U.S. Bureau of Land Management (BLM) and property held by Saint Christopher’s Episcopal Mission of Navajo Land. The settlement also contemplates that Bluff will retain jurisdiction and management responsibility for Bluff Bench Road and that certain SITLA lands south of Bluff Bench Road, as well as lands in Cottonwood Wash and Spring Canyon and all of Saint Christopher’s Mission property, will remain within the town.

The resolution states the town chose settlement in part to provide legal certainty, avoid continuing litigation costs and preserve town jurisdiction over retained lands. Nelson summarized that each party will pay its own costs and attorneys’ fees and that the settlement anticipates entry of a consent judgment confirming the specified disconnections.

Councilmembers discussed a small edit to the draft resolution’s recital language about the town’s desire to avoid future jurisdictional conflicts. Councilmember Lou Anne Hook proposed trimming one clause; other councilmembers, including Brit Hornsby, urged keeping language noting the town’s desire to avoid future disputes as consistent with the spirit of the mediation. Councilmember Linda Sosa later praised the council’s work on the matter, saying, "I am very proud of this council and Erin Nelson and Malia Collins. This was a lot of work."

The council adopted the motion to ratify the settlement as Bluff Town Council Resolution No. 92. A roll-call vote recorded affirmative votes from Brit Hornsby; Jennifer (Jen) Davila; Lou Anne Hook; Linda Sosa; and Anne Leppinen, and the mayor declared the vote unanimous.

Votes at a glance

- Resolution No. 92 — "A resolution ratifying a settlement agreement between the Town of Bluff and Utah School and Institutional Trust Lands Administration and Kim and Ida Acton pertaining to the disconnection of lands from the Town of Bluff municipal jurisdiction." Outcome: adopted unanimously by roll call.

- Airport overlay ordinance — Adopted unanimously by roll call following the public hearing; council members recorded aye votes and the ordinance passed.

- Calf Canyon and Seventh Street West bid (contractor listed in transcript as Sandringer/Sondregger) — Council moved to accept the bid for erosion remediation and curb-and-gutter work; motion carried by voice vote (aye).

- Letter of support for Bears Ears Education Center (San Juan County economic grant application) — Motion to prepare and send a letter of support passed; meeting record: 4 votes in favor, 1 abstention (abstaining councilmember not named in the roll call sequence).

What the settlement means and next steps

The settlement directs the parties to seek entry of a consent judgment in Seventh Judicial District Court for San Juan County (case no. 2307000025). If the court enters the consent judgment as agreed, the listed disconnections will take effect according to the legal descriptions and map attached as exhibits to the settlement. Nelson said the town will update ordinances and the general plan documents to reflect retained jurisdiction over the lands that remain inside the town boundary.

Councilmembers and staff said the town pursued settlement because of limited local resources relative to state entities and to avoid a prolonged legal battle. Nelson noted that the town and SITLA intend to work toward a constructive working relationship moving forward.

The council’s vote closes the mediation phase recorded in the court matter and authorizes town staff to take the administrative steps required under the settlement and to seek court approval of the consent judgment.