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Court orders mediation; Bluff town told trial set for January in Acton v. Town of Bluff case

3658485 · June 3, 2025
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Summary

Council received an update that the Acton v. Town of Bluff case will proceed to court after mediation; attorneys will prepare witness and exhibit lists and coordinate mediation dates before a trial currently set for January.

Town staff reported that a pretrial hearing in the Acton et al. v. Town of Bluff litigation resulted in a court-ordered mediation and a trial date set for January (year not specified in the update). The town’s attorney briefed council members who could not join the short pretrial.

Staff said the judge ordered mediation, requiring the parties to select a mediator and schedule mediation before the trial. The town’s representative discussed typical mediation practice — the mediator may meet parties separately and shuttle offers between rooms, and parties usually sign an agreement on mediator selection, hourly rates and split of fees.

Town counsel and staff will continue to assemble witness and exhibit lists in anticipation of mediation and a potential trial. Council members were told the court’s scheduling pushed the trial into January because criminal matters receive priority on court calendars; counsel’s availability and jury trials on other cases influenced the timetable.

No formal council action was taken; the update was informational. Town staff asked council members to provide scheduling constraints to Erin Nelson so mediation dates can be coordinated to fit the parties and counsel’s calendars.