MADISON, WI (WSAU-WAOW) — In a significant ruling, the United States District Court for the Western District of Wisconsin has granted summary judgment to the Town of Lac du Flambeau and local homeowners, ensuring public access to four roads on the Lac du Flambeau Indian Reservation.
These roads had been a subject of dispute following the Lac du Flambeau Band of the Lake Superior Chippewa Indians’ decision to erect blockades, disrupting access to properties owned by non-tribal members.
The court’s decision, issued on Tuesday, vacates the Bureau of Indian Affairs’ (BIA) previous removal of these roads from the National Tribal Transportation Facility Inventory. This removal had sparked controversy, as the roads had been publicly accessible for decades, serving as vital connections for local residents.
“Congress could not possibly have intended in enacting the Dawes Act that tribes would maintain the power to exclude bona fide purchasers of reservation land from that property,” Justice Stevens said in a concurring opinion, emphasizing the importance of access rights for non-tribal landowners.
The court determined that the roads must remain open for public use, at least while listed on the Inventory, and declared that the Town and homeowners hold valid easements for road access.
This ruling underscores the significance of the Tribal Transportation Program and its requirement for listed roads to be open to the public.
The decision also includes a permanent injunction against any attempts to restrict access to these roads, providing a resolution to a dispute that has impacted more than 50 local homeowners.
The court’s ruling highlights the balance between tribal sovereignty and the rights of non-tribal landowners, ensuring continued access to essential transportation routes.
Tribal leaders expressed disappointment in the ruling and said they are weighing their options for a possible appeal.
State Senator Mary Felzkowski released a statement praising the ruling: “I’m pleased that this federal ruling is putting an end to the chaos in Lac du Flambeau. The tribe’s inflammatory actions were immature and failed to demonstrate any willingness to find a solution to their grievances. Instead, taxpayer dollars were wasted as the issue was resolved in the court system. Fortunately, the affected homeowners can now return to enjoying the peace of the Northwoods.”
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