Federal judge rules on Lac du Flambeau homeowner access

MADISON, Wis (CIVIC MEDIA) – The Lac du Flambeau band of the Lake Superior Chippewa Indians has taken a blow in a years-long dispute over road access.  

A federal judge ruled Wednesday that four disputed roads on tribal land must remain open to the public. The roads are to remain open to homeowners as well. 

According to the ruling, the Tribe is permanently enjoined from restricting access to the town or homeowners from the four roads at issue. Judge William Conley ruled that homeowners right of way easements are valid, even though those easements were acquired by non-tribal developers decades ago and are now expired. 

For more than a decade, the Lac du Flambeau band has sought compensation from the town for use of these roads. They have requested $10 to $20 million for permanent right-of-way access. When negotiations failed in 2023, the Tribe blocked the roads for six weeks. They didn’t allow homeowners to use the roads for anything but a medical emergency. 

The town has maintained the roads for decades. In 2024, it spent $600,000 to secure temporary access, wiping out its entire road budget. The town asked for help from local, state, and federal governments, but it didn’t get any. 

Last year, the Tribe took steps to reinstall the barricades but were blocked from doing so by the court. In a statement, the Lac du Flambeau band said Conley’s ruling overlooked key elements of federal law that protect Tribal lands and sovereignty. 

The case could be appealed. A status hearing is set for September 5.