Judge orders roads open on northern Wisconsin reservation during legal dispute – Twin Cities

A federal judge on Thursday ordered the U.S. government to temporarily keep roads open on a reservation in northern Wisconsin, giving non-tribal homeowners hope that they will be able to maintain access to their properties for a while longer.

The preliminary injunction issued by U.S. District Judge William Conley is the latest twist in an escalating dispute between the Lac du Flambeau Band of Lake Superior Chippewa, the town of Lac du Flambeau and dozens of nontribal property owners who rely on roads to access their homes.

In the 1960s, the tribe granted easements allowing public access to approximately 2.3 miles of reservation roads. Easements allowed non-tribal people to move onto the reservation and build homes there.

The easements expired about a decade ago, and the tribe and city have been unable to negotiate new ones. Under Conley’s order, the tribe demanded up to $20 million for the right-of-way.

The tribal council warned the city and homeowners in January 2023 that they were trespassing on the reservation. The tribe this month barricaded roads, allowing homeowners to leave only for medical appointments. The tribe opened the roads in March, collecting monthly entry permits from the city.

Conley’s order said the agreement exhausted the city’s entire road budget for 2024. The tribe threatened to block the roads again if the city didn’t make the payment in October.

In May 2023, the U.S. Department of Justice sued on behalf of the tribe, seeking damages from the city for encroachment. More than 70 homeowners have joined the lawsuit, hoping to establish access rights.

Conley’s order directs the U.S. government to take no action to block roads until the lawsuit is resolved. The judge stopped short of applying the order to the tribe, noting that it was unclear whether forcing the tribe to comply with the order would violate its sovereign immunity. But he ordered the Justice Department to share the order with the tribe and tell tribal leaders he expected them to keep the roads open.

Myra Longfield, a spokeswoman for the U.S. attorney’s office in Madison, did not immediately respond to an email seeking comment. Tribal spokeswoman Araia Breedlove and city attorney Derek Waterstreet also did not immediately respond to emails.