Reinhart Boerner Van Deuren s.c. (Reinhart) is proud to announce a precedent-setting victory on behalf of more than 50 homeowner clients who own properties within the boundaries of the Lac du Flambeau reservation, following a decision issued on August 6 by the U.S. District Court for the Western District of Wisconsin. The court’s ruling has national implications as it affirms the rights of homeowners to permanently access their properties via four critical roads crossing reservation land, declaring these easements valid, enforceable and running with the land.
The decision also invalidates the Bureau of Indian Affairs’ removal of these roads from the federal National Tribal Transportation Inventory and permanently bars further efforts by federal or tribal authorities to restrict access. This decision is precedential, not only for the homeowners living within the reservation, but nationally, as numerous other rights of ways for roads on reservations across the United States have expired or are expiring in coming years.
Litigation in this matter began in 2023 after road blockades left non-tribal property owners “landlocked” and unable to reach their properties, leading to more than two years of intense court hearings following a decade of stalled negotiations over renewing rights-of-way. The court found that Congress intended to guarantee meaningful, permanent access for property owners within the reservation, and that these rights cannot be unilaterally revoked. Reinhart’s legal team successfully claimed relief under federal law and the Administrative Procedures Act, providing broad relief for those affected residents.
“We are incredibly pleased with the Court’s decision to recognize our clients’ permanent easement rights for access to and from their homes located within the Lac du Flambeau Reservation. We believe the court made the right decision based on historical acts of Congress and common law,” said Bridget Hubing, lead Reinhart attorney for the homeowners. “It has been a long hard battle for our clients, the Homeowners, and we are grateful for their trust and confidence in our entire team. I am also extremely proud of my fellow attorneys, researchers and staff in their persistence and hard work in producing this landmark decision.”
The case was litigated by a Reinhart team including Bridget Hubing, Samuel Sylvan, Olivia Brooks, David G. Peterson, Karla Wyse, Jill Galasinski and Cece Schroeder.
