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Anti-Landfill Corp. Inc. v. North Amer. Metal Co. Inc.

The plaintiff's Open Meetings Act claim based on an alleged violation of the 24-hour notice provision was untimely.

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This case arises out of a contract between Ware County, Georgia and North American Metal Company, Inc. “NAMCO”, wherein NAMCO agreed to expand and operate an idle county landfill, which was supposed to result in revenue for the County. Anti-Landfill Corporation, Inc. “ALCI”, a non-profit citizens group, filed suit against Ware County, the members of the Ware County Board of Commissioners “the Board”, NAMCO, and the Waycross and Ware County Development Authority and its individual members collectively, “the defendants”, seeking damages and declaratory and injunctive relief to block NAMCO’s continued expansion and operation of the landfill. Subsequently, NAMCO filed a motion for summary judgment, which the trial court granted in part and denied in part. ALCI appeals, and we affirm, for reasons that follow. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.1 We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.2

So viewed, the record shows that in 1989, Ware County voters approved a 1 special purpose local option sales tax “SPLOST” “for roads, streets, and bridges and for acquisition of, constructing, and equipping a landfill.” At the time, it was anticipated that the proposed landfill in Ware County would serve the citizens of Ware, Bacon, and Pierce Counties.

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