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Fulton County v. City of Atlanta

O.C.G.A. § 36-2-26 a unconstitutionally impairs the free flow of interstate commerce by giving the county where a landfill sits the authority to veto the importation of solid waste.

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In this case of first impression, we are called upon to decide whether OCGA § 36-1-16 a unconstitutionally impairs the free flow of interstate commerce. We hold that it does, and affirm the judgment of the superior court. The facts are simple and straightforward: The City of Atlanta entered into contracts with Advanced Disposal Services, Inc. “Advanced” and Republic Services of Georgia, L.P. “Republic”, to collect, transport and dispose of the city’s municipal solid waste. Under the contracts, municipal solid waste is to be collected in the city, taken to transfer stations in South Fulton County and Cobb County, and transported to landfills in Forsyth County and Butts County for final disposal.

On November 3, 2004, Fulton County made a demand upon the city to comply with the provisions of OCGA § 36-1-16 a.1 When the city refused, Fulton County filed suit seeking declaratory and equitable relief. The city answered and moved for judgment on the pleadings, asserting that OCGA § 36-1-16 a is unconstitutional because it impairs interstate commerce. The superior court granted the city’s motion, and this appeal followed.

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