Bluff residents urge council to defend town boundaries as mediation looms in Acton disconnection lawsuit

BLUFF — Dozens of residents turned out to a Bluff Town Council public hearing where neighbors weighed in on a petition to disconnect 640 acres owned by the Acton family and the broader litigation that followed.

Erin Nelson, serving as Bluff town manager, opened the hearing and summarized the petition received May 5, 2023, noting the original filing sought to disconnect roughly 9,514 acres across private, state trust, BLM and mission-owned parcels but that this evening’s discretionary review would focus on the Actons’ privately owned 640-acre section 16. Nelson also summarized court developments: the Actons filed suit on Oct. 18, 2023; SITLA moved to intervene Oct. 25, 2023; and Judge Torgerson granted the motion on Jan. 8, 2024. Mediation was described as scheduled for Oct. 15 and trial dates were set for January 2026.

The hearing moved quickly into public comment. Josh Ewing, who gave his address as 405 East Black Locust, told the council the lawsuit amounted to an attack on the town and urged elected officials not to “tie the hands of your incoming mayor and incoming council,” saying residents wanted to preserve Bluff’s landscape and water supply. “The state is conspiring with a private landowner,” Ewing said, charging that the litigation threatens the town’s future.

Others framed the dispute differently. Amr Chmeh criticized the tone of one public letter and urged caution about legal spending, saying some annexation choices were made to maximize federal funding and that litigation is a risk of those decisions. “We can pool our poverty and continue this lawsuit,” Chmeh said, urging the town to weigh whether continued legal fees are the best use of resources.

Reverend Jack Chase of Saint Christopher’s Mission said the church wants to remain part of Bluff and expressed distress that the mission was not included in mediation. He said the mission has worked with the town on community efforts and has submitted written comments to the court.

Several speakers addressed water and watershed concerns on opposite terms. Kirsten Ewing said she worried about drilling and the potential for contamination if the land is developed, calling water “gold in the desert.” By contrast, Gary Hawes, speaking as a member of the Merrick Town Council, said runoff from the parcels in question flows north to the river and would not affect Bluff’s artesian aquifer.

Multiple residents said the parcel contributes little revenue to the town while litigation costs are mounting. Gary Hawes estimated the 640-acre parcel contributes less than $24 per year in revenue; Mark Powell and others urged the council to stop spending on the lawsuit and focus on roads, water and affordable housing.

Nelson said staff had posted a report on the town website with maps and appendices, and reiterated that tonight’s review was discretionary and intended to collect public input before ongoing mediation. No formal council action on the petition was taken at the meeting.

A motion to adjourn was made at 6:40 p.m., the council voice-voted in favor and the meeting was closed. Mediation and the trial schedule remain the next procedural steps in the litigation.

Reported next steps: mediation is scheduled for Oct. 15; trial dates were described as set for January 2026.