Barriers will not be going up on four roads within the Lac du Flambeau reservation.
The four roads are Tribal land that give access to private homes within the reservation.
The Tribes says the easements of those roads expired more than a decade ago and the Tribe wants repayment for past trespasses.
In Wednesday morning’s Lac du Flambeau Tribal Council meeting, decided not to put barricades up on four roads where there is an ongoing dispute.
In a press release, the Tribe said it based its decision on “its responsibility to ensure the safe delivery of services for all residents within our reservation boundaries.”
The decision came hours ahead of a federal district court motion hearing as part of an ongoing lawsuit between the United States on behalf of the tribe and the Town of Lac du Flambeau.
In that hearing the Judge affirmed his earlier decision that the roads are not to be blocked while the case is being litigated.
“It is unfortunate that they continue to spend money on expensive Milwaukee attorneys rather than a reasonable equitable solution with the tribe. Our priority is the well-being and safety of everyone in our community. Tribal council's decision was rooted in upholding the dignity of our tribal members, and upholding our rights as a sovereign nation to protect our treaty defined permanent homeland,” Lac du Flambeau Tribal President John Johnson Sr. said in a statement.
The council’s decision is a relief for residents like Dave Miess who is one of several dozen homeowners being impacted by this dispute.
“We were actually out earlier today, getting supplies, assuming that we would be blocked in as early as tomorrow. There's a lot of relief on our end, and I think a lot of our neighbors ends, knowing that at least it sounds like for the duration of the lawsuit that's going on, the roads will remain open," said Miess.
The roads in the dispute are: East Ross Allen Lake Lane, Annie Sunn Lane, Center Sugarbush Lane, and Elsie Lake Lane.
Ongoing dispute
The Tribe had previously blocked access on the four roads two years ago for several weeks.
At that time, the Tribe said the Town and title companies involved in the issue had not acted in good faith to resolve the issue and that it was “fed up with the title companies’ games.”
Back then, the Tribe was asking for $20 million to resolve the issue.
The Tribe eventually lifted the barricades in March 2023 when the town agreed to pay $60,000.
In December 2023, the Tribe said it was owed $10 million for past trespass damages and it would implement an annual fee to keep roads open.
The town had paid monthly fees between July 2023 and August 2023 to keep the roads open. Those permits have cost the town $600,000 which depleted its roads budget according to court documents filed in September. In August, the town told the tribe is could no longer afford to pay the fees.
Later that month, the town board asked the Tribe as well as a dozen local, state, and federal officials to meet to try to resolve the issue. The Tribe did not send a representative.
In October, Lac du Flambeau Tribal President John Johnson Sr. sent a letter to the town saying the missing months permit fees needed to be repaid by January 16th or the Tribe would restrict access to the roads again.
In December, the Tribe requested a meeting with the town board to work towards a resolution.
Initially the town couldn’t agree to the suggested date because not enough board members were in town for a meeting. It eventually declined to meet at the advice of its legal counsel because of the pending litigation.
Back in court
On January 8, residents woke up to cement blocks on either side of the roadway of the four roads in preparation for barricades going back up.
Miess said he had a visceral reaction to seeing them again.
“Seeing those blocks down there and knowing that the chain could go up at any time, all the thoughts from two years ago start going through your head. You're trying to work out the logistics. Where can I park a car across the lake so we can actually get anywhere? What if there's a medical emergency? What if there's a fire? All those types of things you start running through your head again, trying to plan out for what looked like was going to be another blockade,” said Miess.
On January 14, homeowners and the town requested a preliminary injunction from September be amended that, “In the event any barriers, barricades, or obstructions of any manner are placed in such a way as to restrict traffic on the Roads, the United States Marshals Service and other federal law enforcement agencies, are empowered and directed to expeditiously remove those barricades.”
The judge did not do that since the Tribe announced it would not be putting up the barricades but did reiterate that the roads are not to be blocked by anyone while ligation is ongoing.
In a statement following the hearing, Johnson said, “I am disappointed in the Lac du Flambeau Town Board after they continuously run to the federal courts when we could have worked out a reasonable solution back in December.”
Miess believes this was always headed for federal court having heard repeatedly throughout the last two years that this was a federal issue.
He hopes there will be a positive resolution for homeowners.
“I just want to be able to get to my house. It's nothing more than that. We just want to be able to access our house without any issues,” said Miess.
In a meeting Wednesday night, the Lac du Flambeau Town Board met in closed session to discuss the roads issue.
Following closed session, Town Board Chairman Matt Gaulke announced the board had consulted with their counsel and “directed them to pursue a meeting with the Department of Justice in early February.”
Update: This article was updated to include the amount the town has paid the Tribe so for in road access permit fees.
