Monadnock Regional School District v. Fitzwilliam

Because of their interrelation we will consider together the first two transferred questions which read as follows:

“1. Is the doctrine of estoppel available in this action to Fitzwilliam, Troy, Richmond and Roxbury?

“2. If the answer to question 1 is ‘yes,’ may the Court find estoppel if it finds the facts in accordance with the requests for findings of fact?”

Estoppel, whether called equitable estoppel or estoppel in pais, has been said to arise when “a party who knows or should know the truth is absolutely precluded, both at law and in equity, from denying, or asserting the contrary of, any…