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Tag Archives: equitable estoppel

2010AP2457 Cardiovascular Associates of Northern WI, SC v. Young

Contracts Equitable estoppel Richard and Marilyn Young appeal a small claims judgment awarded to Cardiovascular Associates of Northern WI, SC, for the cost of medical services rendered to Richard. The Youngs argue the circuit court erred by granting the judgment because Cardiovascular Associates is equitably estopped from seeking payment from them. We disagree and affirm. This opinion will not be ...

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Equitable estoppel barred in criminal cases

Unless there is an explicit agreement, a defendant’s guilty plea does not prevent the State from filing different charges based on the same course of conduct. On Tuesday, the Wisconsin Court of Appeals held that equitable estoppel can never be invoked to preclude prosecution of a criminal charge, reversing the dismissal of a sexual assault complaint. Judge Michael Hoover wrote ...

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2010AP1303-CR State v. Drown

Criminal Procedure Equitable estoppel Equitable estoppel cannot be applied to preclude the State from prosecuting a criminal charge. “We agree with the State that the public interest would be unduly harmed if the State were equitably estopped from prosecuting criminal charges. There is a compelling societal interest in convicting and punishing criminal offenders. See Moran v. Burbine, 475 U.S. 412, ...

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2010AP325 Stachowiak v. Shawano County Zoning Board

Municipalities Judicial review; equitable estoppel Tammy Stachowiak appeals an order dismissing her appeal from a ruling by the Shawano County Board of Adjustment. The dispositive issue is whether the County is equitably estopped from asserting that Stachowiak failed to follow the required procedure to seek review. We conclude it is estopped, and we reverse. This opinion will not be published. ...

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