MADISON, Wis. (AP) – A federal judge in Madison, Wisconsin, has issued a temporary order directing the U.S. government to keep the roads open on a reservation in northern Wisconsin. This decision brings hope to non-tribal homeowners who are seeking to maintain access to their properties.
U.S. District Judge William Conley has issued a preliminary injunction, adding a new twist to the ongoing dispute between the Lac du Flambeau Band of Lake Superior Chippewa, the town of Lac du Flambeau, and numerous non-tribal property owners. These property owners heavily depend on the roads to access their homes.
In the 1960s, the tribe generously granted easements that enabled public access to approximately 1.3 miles (2 kilometers) of reservation roads. These easements not only allowed non-tribal individuals to enter the reservation but also gave them the opportunity to build homes within its boundaries.
The easements between the tribe and the town expired approximately ten years ago, and the negotiations for new ones have been unsuccessful. As per Conley’s injunction, the tribe has requested a sum of up to $20 million for the right-of-way.
In January 2023, the tribal council issued a warning to the town and homeowners, notifying them that their presence on the reservation was considered trespassing.
To enforce this, the tribe barricaded the roads, restricting homeowners’ movement to only medical appointments. Eventually, in March, the tribe allowed access to the roads, but with a cost – the town was required to purchase monthly access permits.
According to Conley’s injunction, the town’s entire road budget for 2024 has been depleted due to the arrangement. In October, if the town fails to make a payment, the tribe has threatened to block the roads once again.
In May 2023, the U.S. Department of Justice filed a lawsuit on behalf of the tribe, seeking damages from the town for trespassing. Joining the lawsuit, over 70 homeowners are hoping to establish their access rights.
The injunction issued by Conley directs the U.S. government to refrain from obstructing the roads during the course of the lawsuit. The judge did not extend the injunction to the tribe, as it remains unclear whether enforcing the order would violate their sovereign immunity.
However, the Department of Justice has been instructed to share the injunction with the tribe and communicate the expectation that tribal leaders keep the roads accessible.
Myra Longfield, a spokesperson for the U.S. attorney’s office in Madison, has not yet replied to an email requesting a comment. Similarly, both tribal spokesperson Araia Breedlove and the town’s attorney, Derek Waterstreet, have not responded to the emails sent.
Source: Newsbreak