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Elbert County v. Sweet City Landfill LLC

The trial court erred in its judgments regarding a county's solid waste disposal ordinance and a company's proposal for a solid waste landfill.

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This Court granted the application for discretionary appeal of Elbert County, its Board of Commissioners, and the County Manager collectively, “the County” from an order of the Superior Court of Elbert County that, inter alia, granted a declaratory judgment to the effect that the Elbert County Solid Waste Disposal Ordinance was unconstitutional, denied the County’s motion to dismiss, and issued a writ of mandamus requiring the County to reasonably consider the site proposed by Sweet City Landfill, LLC and its members collectively, “Sweet City” for a solid waste landfill. For the reasons that follow, we reverse and remand for further proceedings.

On November 2, 2009, Sweet City filed with the County a document styled “Application and Agreed Minimum Operating Conditions”; this document requested that “a Special Use Permit and a zoning estoppel letter and a certificate of solid waste plan consistency be simultaneously issued . . . in accordance with Section 62-52 of the Elbert County Code of Ordinances and relevant sections of the Georgia Comprehensive Solid Waste Management Act, OCGA § 12-8-20, et seq., and regulations of the Department of Natural Resources.” At the time of Sweet City’s application, Elbert County ordinances required a Special Use Permit “SUP” be issued for operation of a solid waste landfill. However, also at the time of the application, the County was in the process of amending its ordinances pertaining to waste disposal landfills, having already given a proposed amendment a “first reading”; the effect of this 2009 amendment was to exempt a “waste to energy” solid waste facility, as defined by OCGA § 12-8-22 41,1 from the requirement that a landfill SUP be obtained. Sweet City then sought to amend its application to qualify, in its view, as a “waste to energy” project and thus be exempted from the requirement to secure a SUP.

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