Thayne council asks legal review after Downings offer annexation in water‑sewer dispute

Property owners Carter and Jen Downing asked the Thayne Town Council on Feb. 17 to allow two newly formed lots to connect to town water and sewer. The council raised concerns about extending municipal services to properties outside town limits without contribution and asked for a legal review before any connection is allowed.

Councilman Joe Heward said Thayne residents “pay for and continue to pay for the infrastructure of the Town” and questioned why people outside town limits should be allowed to connect without contributing. Mayor Devin Simpson said he opposed any connection unless the properties were annexed into Thayne, saying he was “an absolute no to the Downings connecting to the Town of Thayne water and sewer without being part of the Town of Thayne.”

Carter Downing told the council the lots were approved by Lincoln County and that the county commissioners urged the Downings to work with the town on water and sewer service. Jen Downing said the couple had received an approval letter from the Lincoln County Commissioners and offered a contingency that any future subdivision of the property would require annexation and connection to town utilities.

Council members agreed the town attorney should review whether such a contingency could be made legally binding. Mayor Simpson said he would consult the town attorney and provide an answer at the council's March 17 meeting.

The council took no formal action authorizing connection at the Feb. 17 meeting; staff were directed to seek legal advice and report back.