LdF tribal council issues ultimatum in road dispute

The Lac du Flambeau Band of Lake Superior Chippewa Indians has issued the town of Lac du Flambeau an ultimatum in connection with the ongoing expired road easement dispute involving four town roads.

According to an Oct. 18 letter from tribal president John Johnson, Sr. to town chairman Matt Gaulke, the town has until Jan. 16, 2025, to come up with the money for monthly road access permit fees.

The saga began on Jan. 31, 2023 when the tribal council ordered the barricading of Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane because easements on tribal land for the roads had been expired for a decade or more. 

After a few of months, the two sides reached an agreement that had the town paying $60,000 to have the barricades removed; in exchange, there was to be a 90-day period in which the two sides would meet with the goal of resolving the matter. 

In May 2023, the tribal council passed a resolution authorizing the issuance of temporary access permits to the town that resulted in the town paying the tribe $20,000 per month.

The town made the first $20,000 payment plus and then the tribe switched things up by asking for $2,000 more each month on an escalating scale.

On Dec. 1, 2023, Johnson sent a letter to Gaulke that said the tribe expects from the town nearly $10 million in damages. 

From the beginning of the dispute, there’s been much in the way of litigation, including a lawsuit brought in April, 2023 against the town by the United States Department of Justice (DOJ).

On Sept. 26, federal judge William Conley issued an injunction that essentially prohibits the United States government or any agencies associated with the government from closing the roads until the DOJ lawsuit against the town is decided.

In the same ruling on the motion for the injunction filed by more than 70 landowners on the four roads and the town’s insurance company, Conley directed the United States government “to provide a copy of this order and the separate injunction order to the Tribe, as well as encourage the Tribe to eliminate any barriers or other restrictions impending Road access, and refrain from imposing any additional restrictions, on the Homeowners’ access to the Roads during the pendency of this litigation.”

In the meantime, after Gaulke announced at a town board meeting in early August that the town had no more money to make the monthly payments, the most recent payment due was made on behalf of the town by a title company. 

That payment of $50,000 carried the town until Sept. 12. 

Since that time, no payment has been made and last week Gaulke received the letter from Johnson. 

In his letter, Johnson said no payment for a monthly permit fee for the period from Sept. 12 to Oct. 12 had been received and the tribal council had not taken any steps to “amend or rescind” the resolution authorizing the fees that was passed in April of last year.

That Sept. 12 - Oct. 12 payment would be $52,000. 

“Please take notice that the Town has until January 16, 2025, to pay all outstanding Temporary Access Permit fees due and owing to the Tribe, and failure to pay will result in restricted access over the Four Roads,” Johnson wrote. 

The latest monthly payment, covering the time frame from Oct. 12 to Nov. 12, would be $54,000.

By the time the tribe’s Jan. 16 deadline arrives, the amount will be $60,000. 

 Should the town of Lac du Flambeau find a way to pay the fee, the total amount the tribe will have been paid for monthly access fees for the four roads since the agreement began, as of Feb. 12, will be close to $900,000. 

That’s in addition to the nearly $9.7 million the tribal council has stated it requires to resolve the situation. 

Gaulke told The Lakeland Times he had no comment “at this time” but indicated Johnson’s latest correspondence regarding the Jan. 16 ultimatum would be addressed by the town board in a timely manner.

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