GRGB Attorney Josh Gimbel and Family Dollar Beat City In Court

Gimbel, Reilly, Guerin & Brown, LLP Partner Josh Gimbel obtained a highly successful outcome for the firm’s client, Family Dollar Stores of Wisconsin LLC, from the Wisconsin Court of Appeals District I.

The Court of Appeals overturned a City of Milwaukee attempt to shutdown a Family Dollar store near 27th and Kilbourn which is in a predominantly low income neighborhood and serves many people who receive Supplemental Nutrition Assistance Program (“SNAP”) benefits. The Court ruled that the City denied Family Dollar its due process rights by providing insufficient notice of the alleged basis for the license denial and the failure to hold a “fair and impartial hearing” before the City’s Licensing Committee. The Court also ruled that the City’s decision was “arbitrary, representing its will rather than its judgment” since many other similar licensees were renewed or temporarily suspended for much more egregious conduct. Thanks to an injunction granted at the time the suit was filed in 2020, the store has remained open for business. The Court of Appeal has now sent the case back to the Circuit Court “with the direction to order the City to vacate its decision not to renew Family Dollar’s licenses.”

“Family Dollar is pleased with the decision and looks forward to continue to provide its local customers with necessary products at affordable prices.” - Joshua Gimbel

Area alderman and nonprofit pushed to close store, citing shoplifting, loitering and fighting.