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Judge issues ruling on landfill suit

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POSTED: May 15, 2013 12:45 p.m.

Superior Court Judge David Cavendar has issued a ruling in favor of Bryan County’s ordinances regarding landfills in the lawsuit filed by Atlantic Waste Services against the county.  

County attorney John Harvey announced during Tuesday’s regularly scheduled Bryan County Commission meeting that Judge Cavender made his ruling on May 9.

“Fortunately the judge granted our motion for summary judgment finding that our ordinance is constitutional and that there is a rational basis for it,” Harvey told commissioners.

Summary judgment is a decision made on the basis of statements and evidence without a trial.

During the May 1 summary judgment hearing, legal representatives from both Bryan County and Atlantic Waste presented arguments. Harold Yellin, representing Atlantic Waste, told the court the Pooler-based solid waste company was challenging section 1116 of Bryan County’s zoning ordinance regarding waste management districts.

He claimed that section is unconstitutional in part because no piece of property in Bryan County meets the requirements to build a landfill.

A copy of the ruling states after “having considered evidence and arguments submitted, this court concludes that the plaintiffs (Atlantic Waste) have not overcome the presumption that Section 1116 is valid and substantially related to the public health, safety and welfare.”

The ruling also states that “the county commission acted within its broad discretion when it adopted Section 1116.”

Harvey also told the commissioners the ruling is “a good first step, but we’re not done with the case yet.”

Harvey expects Atlantic Waste to file an appeal, which would send the case to the Georgia Supreme Court.

 

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