Court of Appeals affirms dismissal of 2015 landfill suit

The Court of Appeals of Georgia affirmed its previous dismissal of a 2015 lawsuit filed by Sweet City Landfill LLC against the Elbert County government in an opinion issued Tuesday.

In a statement released Wednesday, Elbert County Attorney Bill Daughtry explained that in 2015 the Board of Commissioners amended the county’s landfill ordinance to remove the language that Sweet City had complained about, while the initial Sweet City lawsuit was pending.

“Then in November 2015, on the basis of that amendment, the Superior Court dismissed Sweet City’s complaint as ‘moot,’” Daughtry said. “Sweet City’s subsequent appeal was dismissed on procedural grounds, leading to this Court of Appeals action.” The opinion was written by Judge Brian M. Rickman, with Judges Anne Elizabeth Barnes and E. Trenton Brown III concurring.

The decision is not directly related to another suit filed in July of this year by Sweet City Landfill against the Elbert County commissioners, alleging a conspiracy against the proposed landfill development. Daughtry said he will be discussing with co-counsel in the next day or two as to how Tuesday’s opinion impacts the more recent case pending in Elbert County Superior Court.

 

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