City of Scottsbluff v. WCN of Nebraska, Inc.

After Scottsbluff (plaintiff) found a cheaper waste-hauling alternative for the following year, its existing hauler WCN (defendant) unilaterally raised its per-ton price by 41 percent — more than it charged any other customer — immediately after learning the city would not renew, and allegedly threatened to stop hauling if the city refused to pay. With no reasonable alternative available before its new contract began, the city paid the higher price under protest for a year, then sued for the $48,000 difference; WCN argued the city's voluntary payment waived or estopped its claim, but the trial court found the payments involuntary and awarded the city restitution.