Federal judge dismisses lawsuit against the LdF tribe

A lawsuit filed in federal court by Lac du Flambeau property owners against the tribal council of the Lac du Flambeau Band of Lake Superior Chippewa Indians was dismissed earlier this month by U.S. district judge William Conley.

The suit was filed on Feb. 28 in the United States District Court for the Western District of Wisconsin. The plaintiffs were 21 property owners on Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane, Elsie Lake Lane and side roads linked to them. 

The Lac du Flambeau tribal council had the tribe’s road department place barricades on those roads on Jan. 31, citing the expiration of easements over tribal land going back a little more than a decade. 

The barricades were taken down on March 13 after the Lac du Flambeau town board and tribal council reached an agreement to meet and negotiate a long-term resolution which has yet to be reached. 

“Having identified no viable federal claim and plaintiffs’ state law claims ... the court must dismiss their federal claim for lack of subject matter jurisdiction,” Conley wrote as part of a seven-page ruling. “At this relatively early stage of litigation, the court also declines to exercise supplemental jurisdiction over plaintiffs’ state law claims ... and having no subject matter jurisdiction over their remaining state law claims in this case, plaintiffs’ motion for a preliminary injunction will be dismissed as moot.”

Brian Jopek may be reached via email at [email protected].