Ruling favors Tribes in lawsuit with county, developer

A federal judge has ruled in favor of the Confederated Salish and Kootenai Tribes in a lawsuit with Lake County and a developer over an access road to a proposed RV park in Big Arm.

In his decision issued last week, U.S. District Court Judge Dana Christensen said that Lake County can’t “unilaterally approve a new road through Tribal land.”

The Tribes filed a complaint against developer Lori Lundeen and Lake County about a year ago.

Lundeen owns 40 acres of land near Big Arm, which she hopes to develop as an RV park. The property is within the boundaries of both Lake County and the Flathead Reservation. In 2018, Lundeen applied to the county for a permit, which was approved. However, according to Christensen’s ruling, she never approached the Tribes about the access road.

“She informed the Court that she did not, for some inexplicable reason, apply to or otherwise attempt communication with the Tribes,” Christensen wrote in his decision.

He added that, the Tribal representative to the Lake County Board of Commissioners had raised concerns to the board and to Lundeen about access to the proposed RV park through Big Arm. Still, a permit was issued and construction of the road shortly thereafter.

A year later, in May of 2019, the Tribes placed a gate blocking access to Lundeen’s lot and The Bureau of Indian Affairs issued a notice of trespass to the contractor hired for the project.

The dispute has been in the courts since then.

The Tribes contended that the county has “no right, title, or interest in or to the real property or any public right of way” in Big Arm.

Lake County and Lundeen argued that the county has jurisdiction over the roadways, even if it does not have title.

In deciding in favor of the Tribes, Christensen wrote that “If there was a time when Lake County could develop roads in Big Arm without the Tribes’ consent, that time has passed.”

His ruling determines that title of the land wasn’t transferred, in which he notes both the 1855 Hellgate Treaty and the 1904 Flathead Allotment Act.

“There is no question here that, from the time of the Hell Gate Treaty in 1855 through the platting of Big Arm, title was held by the United States in trust for the Tribes,” the judge wrote. “And the United States remained trustee throughout the period of allotment.”

His ruling also decides that Lake County does not have jurisdiction to unilaterally construct a new road in Big Arm, stating that, “There may have been a time during which Lake County (or its predecessor, Flathead County) could have developed [the road]. However, assuming that it once had that authority, the County did not develop the roadway during that time. The question now is whether Lundeen and Lake County can build a road through tribal lands today, without first filing a petition to the United States or even seeking permission from the Tribes. The relevant statutes, administrative materials, and historical record give a clear answer: No.”

Tribal Council Chairwoman Shelly Fyant in a press release said Christensen’s decision “is a good reminder that the Hellgate Treaty between CSKT and the U.S. government remains strong, and that there is a set process to gain access to tribal lands that must be followed.”

“I hope Lake County accepts the court’s decision and stops these futile efforts that are reminiscent of the ‘paternalistic and racist attitudes towards Indigenous peoples’ that have no use in modern-day times,” Fyant continued. “We are both here to stay and we need to find ways to co-exist and work together for the good of all the people that live and work on the Flathead Indian Reservation. Fighting in court is not a responsible use of taxpayer dollars.”