Voluntary Payment Doctrine – Estoppel

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WI Court of Appeals – District I

Case Name: DJK 59, LLC et all v. City of Milwaukee

Case No.: 2015AP2046

Officials: Curley, P.J., Brennan and Brash, JJ.

Focus: Voluntary Payment Doctrine – Estoppel

The City of Milwaukee (the City) appeals a judgment entered against it and in favor of DJK 59 LLC, JBC 59 LLC, Juneau Village II Limited Partnership, Juneau Village Shopping Center LLC, and 829 Cass LLC (collectively, DJK) in the amount of $614,336.49 plus statutory costs. On appeal, the City argues that the trial court erred in denying its summary judgment motion and instead entering judgment in favor of DJK because the voluntary payment doctrine applies to bar recovery and that, alternatively, WIS. STAT. § 893.93(1)(a) (2013-14) applies to partially bar DJK’s recovery. In response, DJK argues that should this court agree with the City, we should then review—and reverse—the trial court’s rejection of the estoppel argument DJK argues prohibits the City from even raising the two affirmative defenses at issue. For the reasons that follow, we affirm in part and reverse in part with instructions to the trial court upon remand

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.