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Appeal process next in reservation lawsuit By DAWN SLADE Mille Lacs County Commissioners, along with the First National Bank of Milaca and their respective attorneys, met last week behind closed doors and decided to appeal U.S. District Court Judge James Rosenbaum's decision to dismiss the lawsuit against the Mille Lacs Band of Ojibwe. But is that what county residents want? The commissioners don't really know since a public hearing was not held prior to their decision to appeal. As elected officials they have the right to make that decision on the county's behalf. But what harm could come from meeting with residents to determine if an appeal is really what the public wants? When asked if the county board thought about having a public hearing to find out if residents wanted the county to proceed with the appeal, Chairman Bob Hoefert said that the county commissioners have decided to let Mille Lacs County Attorney Jan Kolb handle all media questions. Kolb said the commissioners did not discuss a public hearing at that closed meeting on Tuesday, May 20. General counsel for the Minnesota Newspaper Association attorney Mark Anfinson said of the county's numerous closed meetings with attorneys, "This is excessive secrecy." Anfinson said that some meetings should legitimately be closed but questioned closing the recent appeal decision meeting. "How does it hurt the county by having an open meeting?" Anfinson asked. "I think it's slapping the face of the residents of the county." Attorney Tadd Johnson of the Mille Lacs Band said of the county's decision to appeal, "Naturally, we are disappointed, although we are not surprised. This will be an unfortunate waste of financial resources on both sides. "The appeal merely postpones the day when we actually sit down, the Band and the county, and deal with the problems that the county perceives that we have." What happens now? According to Kolb, the attorneys hope to get in front of the Eighth District Court of Appeals three judge panel either in September in St. Louis, Mo., or in October in St. Paul. And though Kolb admits the federal court of appeals is an expensive process, she said that the Tobin Law Office will work within the county's budget. "He'll stay within the budget for the entire appeal process," Kolb said of attorney Tom Tobin. "He's sympathetic to the county's situation." An approximate $425,000 has been budgeted for the remainder of the year. Kolb also pointed out that Tobin was handling an EPA matter for the county (a waste water treatment facility on the reservation) and some of the $1 million in attorney fees already went toward that issue. It's unknown if the appeals court will hand down a decision by the end of 2003, but it is a possibility according to Kolb. Kolb also said that it's a good time to go ahead with the appeals process while the bank is still working in conjunction with the county. A summary judgment was filed by the county in May, but was disregarded as the judge had already made his decision. However, since the summary judgment has been filed, if the county and bank win the appeal, the judgment will remain in effect, which means a judge will make the final decision on the case rather than a jury trial. "I know people are frustrated with the cost, but it's so important to avoid further costs in the future," Kolb added.
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