Court rules for county
Last week the Georgia Court of Appeals issued an opinion that affirmed the dismissal of a Sweet City Landfill, Inc. lawsuit filed in 2015.
Jack Stovall, who has been with Sweet City Landfill since its inception, said Sweet City will file a “Cert Petition” asking the Georgia Supreme Court to review the decision of a lower court.
If Sweet City doesn’t get the Georgia Supreme Court to review the case, Stovall said Sweet City will file another application seeking permission from the Elbert County Board of Commissioners to file a landfill permit application with the U.S. Environmental Protect Agency.
“In 2015 (Elbert County) amended our landfill ordinance to remove the language that Sweet City complained about while the initial Sweet City lawsuit was pending,” said Elbert County Attorney Bill Daughtry of the Tuesday, Aug. 28 opinion issued by the Georgia Court of Appeals. “Then in November 2015, on the basis of that amendment, (Elbert County) Superior Court dismissed Sweet City’s complaint as ‘moot.’ Sweet City’s subsequent appeal was dismissed on procedural grounds, leading to this (Georgia) Court of Appeals action.”
Sweet City filed a lawsuit earlier this year against the entire Elbert County Board of Commissioners, two former commissioners and Daughtry. The suit was based on answers former Commissioner Frank Eaves, who was a Republican candidate for County Commission Chairman, gave at a political forum in April.
Eaves said in the forum that at a 2012 meeting in which Sweet City Landfill was seeking permission from the county to file for an Environmental Protection Agency landfill permit, commissioners approached him and told him that they weren’t going allow Sweet City an opportunity to present its landfill plans.
In the filing by Attorney Michael ...