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Advanced Disposal Servs. Middle Ga. LLC v. Deep S. Sanitation LLC

Application of a county ordinance and exclusive franchise agreement granted to one solid waste collection and disposal company did not violate the substantive due process rights of another such company.

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This appeal arises out of complaints filed by appellants Advanced Disposal Services Middle Georgia, LLC, Advanced Disposal, and Lowndes County, Georgia, the County, seeking injunctions prohibiting appellee Deep South Sanitation, LLC, Deep South, from providing solid waste collection and disposal services in the unincorporated areas of Lowndes County in violation of a newly enacted Lowndes County ordinance. The trial court denied appellants’ requests for injunctive relief, and they appealed.1 For the reasons which follow, we reverse.

The record establishes that in December 2012, the Lowndes County Board of Commissioners adopted an ordinance the Ordinance authorizing an exclusive franchise for the collection and disposal of solid waste from the estimated 12,000 residential customers living in the unincorporated areas of Lowndes County. The Board, at the same time, approved a franchise agreement the Exclusive Franchise granting Advanced Disposal an exclusive franchise for the collection and disposal of solid waste from residential customers living in the unincorporated areas of the county.2 The Ordinance and Exclusive Franchise became effective February 1, 2013. Prior to that date, the County had not included curbside residential collection service for unincorporated areas in its waste management plan, but instead, it operated six solid waste collection centers for use by all county residents.

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