Federal judge sides with Wisconsin town, homeowners in road dispute

U.S. District Judge William Conley ruled Aug. 5 that homeowners and the town of Lac du Flambeau, Wisconsin, have an implied easement to use four roadways crossing Lac du Flambeau Band of Chippewa Indians land, according to ICT. Conley rejected the federal government’s claim that the town violated the Indian Right of Way Act, writing that the Bureau of Indian Affairs had granted the rights of way to a private developer with the understanding the roads would become public.

The decision follows years of failed easement negotiations and disputes that led the tribe to block the roads in 2023. The tribe said Aug. 7 it is disappointed in the ruling and concerned about its precedent for tribal governments. Tribal President John Johnson said, “We will continue to review the decision and consider all available options for the tribe. The band will continue to defend its land, uphold the promises made in its treaties and ensure the safety and well-being of its citizens and community members.”