Civil Procedure
Laches

A party seeking declaratory judgment may assert laches as an affirmative defense in the complaint.

"The very purpose of a declaratory judgment is 'to afford relief from uncertainty and insecurity with respect to rights, status and other legal relations.' Wis. Stat. § 806.04(12).

One of the policy justifications for the liberal granting of declaratory relief is that those who claim dubious legal rights should not be able to use them to bully others while simultaneously resisting a judicial determination of the validity of those rights. See Hanes Corp., 531 F.2d at 592. A party holding a mortgage whose enforceability is in some doubt may find it advantageous to stay out of court but nevertheless hold the mortgage over the head of the mortgagor in order to extract money that may or may not be owed. In accord with the legislative policy of relief from such uncertainty, we conclude that Zizzo is entitled to assert laches as a declaratory judgment plaintiff."

Affirmed.

Recommended for publication in the official reports.

2007AP566 Zizzo v. Lakeside Steel & Mfg. Co.

Dist. II, Kenosha County, Kluka, J., Brown, J.

Attorneys: For Appellant: Mulligan, Jonathan A., Kenosha; For Respondent: Brookhouse, Eugene J., Kenosha; Richardson, William K., Kenosha

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