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Bluff holds public hearing on petition to disconnect 640-acre Acton parcel amid pending lawsuit

5836785 · September 25, 2025
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Summary

The Bluff Town Council held a public hearing limited to the Actons' 640-acre parcel as litigation continues over a larger 9,514-acre disconnection petition; residents were split between defending town boundaries and urging settlement to avoid legal costs.

Bluff Town Council held a public hearing on a petition to disconnect a 640-acre parcel owned by the Acton family on the evening of the meeting, while litigation over a larger petition remains pending in state court.

The hearing, convened by the council and opened by the presiding official, was described by Erin Nelson, town manager, as a discretionary opportunity to gather updated public comment focused on the Acton-owned Section 16 parcel. Nelson said the original petition sought disconnection of about 9,514 acres and that council had previously denied that petition unanimously two years earlier. She also summarized the procedural posture: the Actons filed a lawsuit on Oct. 18, 2023; the School and Institutional Trust Lands Administration (SITLA) moved to intervene on Oct. 25, 2023; Judge Torgerson granted that motion Jan. 8, 2024; mediation is scheduled for Oct. 15, and trial dates are set for January 2026.

Nelson said the full original petition breaks down approximately as 640 acres of private Acton property (Section 16), about 7,370 acres of SITLA land, about 1,338 acres of Bureau of Land Management land, and about 166 acres owned by Saint Christopher's Mission. She noted the council's review of the Acton property is discretionary and not required by Utah code; the formal disconnection hearing required by statute occurred in 2023, she said.

Public comment reflected a clear division among residents. Josh Ewing, a resident at 405 East Black Locust, urged the council not to “tie the hands of your incoming mayor and incoming council,” saying the community should retain options to defend town boundaries and protect local resources. Kirsten Ewing (resident) and Reverend Jack Chase of Saint Christopher's Mission said they did not wish the mission to be separated from the town and urged continued inclusion in town governance and mediation efforts. Reverend Chase said he was “quite distressed that we were not invited into the mediation.”

Other speakers urged compromise or caution about legal spending. Amr (Amor) Chmeh, a local business owner, said he was “very disappointed” by a letter from Josh Schwing and criticized continued legal costs, calling them a burden on town and business finances. Mike Harris of Coral Sands RV Park and Gary Hawes said Bluff cannot afford to provide services to the disputed lands and recommended focusing town resources on roads, water and housing rather than prolonged litigation. Mark Powell and other speakers similarly urged the council to stop spending on the lawsuit and seek agreement.

Several commenters discussed water and watershed concerns in different ways: some said the watershed above the parcel channels north and would not affect Bluff’s artesian aquifer; others warned that drilling or resource extraction could risk contamination. The transcript shows differing views about whether watershed runoff affects the town aquifer and how much revenue the disputed lands produce.

No formal action was taken on the disconnection petition at the hearing. The meeting adjourned following a unanimous voice vote on the motion to adjourn.

The town manager said staff reports and appended materials — including the original petition and court filings — are available on the town website and that written comments submitted before a 5 p.m. deadline had been distributed to council and will be posted online.

With mediation scheduled by court order and trial dates set for January 2026, speakers on both sides asked the council either to preserve legal options to defend the town boundary or to pursue negotiation to limit legal costs. The council did not announce any new direction to staff or vote on the petition at the close of the hearing.