Tribal Sovereign Immunity-Indispensable Party

WI Court of Appeals – District III

Case Name: Michael Hornbostel v. Town of Lac du Flambeau

Case No.: 2024AP002603

Officials: Stark, P.J., Hruz, and Gill, JJ.

Focus: Tribal Sovereign Immunity-Indispensable Party

Hornbostel and Robert and Nicole Beer alleged the Town Lac du Flambeau violated statutory and constitutional duties by allowing the Lac du Flambeau Band of Lake Superior Chippewa Indians to block roads that provided the only vehicular access to their homes, and by failing to ensure permanent public access. They sought damages, injunctive relief, and writs of mandamus requiring the Town to keep the roads open. After the Tribe was added as a defendant, it was dismissed based on tribal sovereign immunity. The circuit court then dismissed the entire actions, concluding the Tribe was an indispensable party.

The Court of Appeals found that the Tribe was a necessary party because resolving the homeowners’ claims required determining who owned or controlled the roads, a central dispute between the Town and the Tribe. Without the Tribe, the court could not provide complete relief, and any ruling requiring the Town to keep the roads open or pay damages would directly affect the Tribe’s asserted rights while preventing it from defending those interests.

The court further concluded the Tribe was indispensable because its absence would prejudice its interests, any judgment would be inadequate, and the homeowners already had an adequate alternative remedy. In related federal litigation, a district court had ruled that the roads must remain open and issued a permanent injunction preserving access.

Affirmed.

Decided 08/04/26

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