Southern States-Bartow County Inc. v. Riverwood Farm Property Owners Ass'n Inc.

The trial court erred in failing to address, much less issue a ruling on, the defendants' constitutional challenge to a zoning ordinance, and a decision on the constitutional issue had the potential to affect the lawsuit.

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In this civil action, Riverwood Farm Property Owners Association, Inc., a group of private property owners in unincorporated Bartow County “plaintiffs”, sued Southern States-Bartow County, Inc., several companies and individuals with ownership interest in Southern States collectively “Southern States”, and Bartow County “County”, alleging that a landfill Southern States proposed to develop on property it owned within the County violated zoning ordinances and should be enjoined. Following a grant of partial summary judgment in favor of the plaintiffs, Southern States appeals, arguing that the trial court erred in 1 finding that a 1993 county zoning ordinance applied to the property; 2 finding that Southern States failed to retain its right to develop a landfill; 3 failing to find that the 1993 zoning ordinance violated the Georgia Constitution; 4 finding, alternatively, that Southern States waived any rights it had when it sought a new landfill permit in 2004; and 5 finding that it had subject-matter jurisdiction, despite the fact that the plaintiffs were also contesting the landfill permit in an administrative proceeding. For the reasons set forth infra, we vacate the judgment and remand for further proceedings consistent with this opinon.

Viewed in the light most favorable to the Southern States i.e., the nonmoving party,1 the record shows that in 1989, Southern States filed an application with the Georgia Environmental Protection Division “EPD” to develop and operate a solid-waste landfill on property that it owned on Hodges Mine Road in Bartow County. In connection with that application, Southern States was required to obtain a certificate of zoning compliance from the County, demonstrating that the landfill complied with local zoning and land-use ordinances.2 But at that time, the County’s applicable zoning ordinances did not allow for a landfill on the subject property. And consequently, the County refused Southern States’s request for a certificate of zoning compliance. Shortly thereafter, litigation ensued.

Southern States-Bartow County Inc. v. Riverwood Farm Property Owners Ass'n Inc.

The trial court erred in failing to address, much less issue a ruling on, the defendants' constitutional challenge to a zoning ordinance, and a decision on the constitutional issue had the potential to affect the lawsuit.

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