LdF tribe prepares to barricade roads in easement dispute

The town of Lac du Flambeau and the Lac du Flambeau Band of Lake Superior Chippewa Indians remain at odds over four roads — Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane — that have expired easements involving tribal property, with the tribe signaling it will once again barricade the roads if the town does not make a payment by Jan. 16.

The dispute, which has resulted in several legal cases that include the United States Department of Justice (USDOJ), began on Jan. 31, 2023, when tribal highway department crews first barricaded the roads.

After a few 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 to resolve 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, then the tribe insisted on an additional $2,000 each month on an escalating scale.

In early August, Lac du Flambeau town chairman Matt Gaulke announced that the town had no more money to make the monthly payments; the most recent payment due was made by a title company on behalf of the town.

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

Two months later, according to an Oct. 18 letter from tribal president John Johnson, Sr. to Gaulke, the town was advised it has until Jan. 16, 2025 to come up with the money for monthly road access permit fees. 

In his letter, Johnson said no payment was received for the period from Sept. 12 to Oct. 12 and the tribal council has 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. 

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 do it, 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. 

The tribal council sought a meeting with the town board in late 2024 but because Gaulke and town supervisor Dennis Pearson were unable to attend, that meeting didn’t happen. 

Last week, Gaulke told The Lakeland Times he sent the tribal council a letter on behalf of the town stating, essentially, that because of the litigation the town is involved in, including a lawsuit brought against the town on the tribe’s behalf by the USDOJ, the town’s legal counsel has advised a meeting between the town board and the tribal council wouldn’t be possible at this time. 

On Wednesday, Araia Breedlove, a tribal spokesperson, confirmed for the Times that materials such as large, heavy concrete blocks have been put in place by tribal highway personnel to once again install barricades on Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane. 

Beyond that, she said, there was no official statement from the tribal council regarding the road issue “at this time.”

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