LdF town board files joint injunction with property owners in DOJ lawsuit

The Lac du Flambeau town board on Monday directed the town’s legal counsel to file an injunction jointly with landowners directly involved in a federal case related to a nearly two- year-old road easement dispute with the Lac du Flambeau Band of Lake Superior Chippewa Indians.

The injunction was filed as part of a federal lawsuit the United States Department of Justice (DOJ) brought against the town in May 2023. 

On Sept. 26, 2024, Judge William Conley issued a preliminary injunction with an opinion and order in response to a motion made by DOJ lawyers in the case; his order essentially prohibited the United States government or any agencies associated with the government from closing four roads in Lac du Flambeau until a lawsuit the U.S. Department of Justice (DOJ) filed against the town of Lac du Flambeau is decided.

In addition, while not telling the Lac du Flambeau band’s tribal council that it couldn’t barricade the four roads, 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.”

The dispute began on Jan. 31, 2023, when tribal highway department crews barricaded Annie Sunn Lane, Center Sugarbush Lane, East Ross Allen Lake Lane and Elsie Lake Lane because of easement expirations for sections of tribal land on those roads.

Tribal president John Johnson, Sr. had given the town until Jan. 16 to make up for missing monthly permit payments the town had been paying to keep the roads open after the barricades were removed in March, 2023.

If the town failed to make up the missing monthly payments, dating to the September 2024, by Jan. 16, 2025, the tribe would take action to limit access to the four roads.  

In August 2024, town chairman Matt Gaulke announced the town had no more money to make the monthly payments, which began in May 2023 at $20,000.

 Later, the tribal council demanded, and the town agreed to, a graduating $2,000 increase each month. 

The last monthly payment of $50,000 was made by one of title companies. It carried the town until Sept. 12, 2024, and no payment to the tribe has been made since. 

Johnson sent his letter with the Jan. 16, 2025, deadline to Gaulke in October. 

In early December, Johnson sent another letter asking for a meeting between the tribal council and the town board.

 Gaulke responded by advising that the town board wouldn’t be able to meet as its legal counsel advised against it due to the pending litigation.   

As a result, with the Jan. 16 deadline approaching, in recent days, the barricade materials have reappeared near the entrances to the four roads. This development prompted the town board to meet Monday in closed session to discuss its next steps. 

On Tuesday Gaulke told The Lakeland Times what the board did after it returned to open session.

According to Gaulke, the board approved a motion made by supervisor Dennis Pearson, who owns a home on one of the four roads, “to have our legal counsel file a joint motion with the homeowners to modify the existing preliminary injunction and to broaden its application.”

Bob Hanson seconded the motion and it passed unanimously. 

“It’s filed now so it goes to the judge for preliminary review,” he explained.

Tribal spokesperson Aria Breedlove told the Times the tribe “is not a party to the case.”

“We have no comment regarding that case,” she said. 

Brian Jopek may be reached at [email protected].