A recent ruling by a federal judge has granted non-tribal homeowners on a northern Wisconsin reservation a temporary reprieve by ordering the U.S. government to keep roads open. This decision has raised hopes among non-tribal property owners who rely on these roads to access their homes, amidst an ongoing dispute involving the Lac du Flambeau Band of Lake Superior Chippewa and the town of Lac du Flambeau.
The conflict stems from easements granted by the tribe in the 1960s, permitting public access to approximately 1.3 miles of reservation roads for non-tribal individuals to establish residences. However, these easements expired around ten years ago, leading to failed negotiations between the tribe and the town to renew them. The tribe requested up to $20 million for new right-of-way agreements, which has further complicated the situation.
In January 2023, the tribal council warned the town and homeowners of trespassing on the reservation and subsequently barricaded the roads, only allowing residents to leave for medical reasons. Additionally, the tribe charged the town for monthly access permits in March, depleting the town’s entire road budget for 2024. There is a looming threat that the tribe may block the roads again if the town fails to make a payment by October.
Amidst these tensions, the U.S. Department of Justice filed a lawsuit on behalf of the tribe in May 2023, seeking damages from the town for trespassing. Over 70 homeowners have joined the legal action in hopes of securing their access rights. The recent injunction from U.S. District Judge William Conley directs the government to maintain road access during the ongoing lawsuit. However, the directive does not explicitly apply to the tribe due to uncertainties regarding potential violations of its sovereign immunity.
It remains unclear how this complex situation will unfold, with stakeholders such as Myra Longfield from the U.S. attorney’s office in Madison, tribal spokesperson Araia Breedlove, and the town’s attorney, Derek Waterstreet, yet to provide comments or responses regarding the latest developments.