March 6, 2023 at 9:51 a.m.
LdF tribe sued in federal court to reopen barricaded roads
On Jan. 31, tribal highway department personnel placed barricades on four roads, the tribe claiming rights-of-way, or easements, on tribal land had been expired for a decade.
Since the road closures, property owners along or near the roads have been, stuck in the middle of the dispute between the tribe, title insurance companies, the U.S. Bureau of Indian Affairs (BIA) and the town of Lac du Flambeau.
It's the second court action taken since the Jan. 31 road closure by the tribe; on Feb. 14, the town had claims filed against it in Vilas County court by three of the property owners.
The federal suit filed Tuesday was filed on behalf of more than 20 property owners along or near Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane, in the United States District Court's Western District of Wisconsin.
The filing occurred after the tribe's attorney, Andrew Adams III, was sent a four page letter on Feb. 23 by Bridget Hubing, an attorney with the law firm of Reinhart Boehner and Van Deuren.
She was hired by one of the title insurance companies to represent some of the landowners involved.
In that letter, Hubing, much as she did at a special town board meeting last month, provided a timeline for some of the activity related to events leading up to the Jan. 31 closure of the roads by the tribe.
Hubing said in the letter the tribe has refused to "give consent" to the BIA to have copies of land appraisals delivered to property owners.
That was after, she said in the letter, Adams informed her the dollar amount the tribe was seeking had doubled from $10 million in late October to $20 million on Jan. 6.
Hubing concluded the letter by asking Adams to "to please let me know" by noon on Feb. 28, 2023, if the tribe "has taken any steps to reopen the roads and if it's agreeable to scheduling a meeting with the landowners and myself to discuss a resolution."
She had earlier stated in the letter she would file the lawsuit if she hadn't heard from Adams by noon on Feb. 28.
The tribal council members named as defendants in the lawsuit, including tribal president John Johnson, Sr., have 21 days from time of the lawsuit's filing to respond.
Wednesday, Hubing told The Lakeland Times there was "no money demand at all" in the lawsuit.
"The only thing the landowners are requesting is the roads reopen and remain open," she said. "We want to work this out. We filed the complaint because they (tribal officials) haven't been responding to us. So, we're just hoping they still come to the table and we're amicable."
The superintendent for the BIA's Great Lakes Agency, Diane Baker, couldn't be reached for comment for this story.
The Times also reached out to Adams but had received no response by press time.
Brian Jopek may be reached via email at [email protected].
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