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Fulton County v. City of Atlanta
Citations: 629 S.E.2d 196; 280 Ga. 353; 2006 Fulton County D. Rep. 951; 62 ERC (BNA) 1735; 2006 Ga. LEXIS 199Docket: S06A0049
Court: Supreme Court of Georgia; March 27, 2006; Georgia; State Supreme Court
The Supreme Court of Georgia ruled that OCGA 36-1-16(a) unconstitutionally impairs interstate commerce, affirming the superior court's judgment. The case originated when the City of Atlanta entered into waste management contracts with Advanced Disposal Services and Republic Services. After Fulton County demanded compliance with OCGA 36-1-16(a) regarding waste disposal, Atlanta refused and was subsequently sued by Fulton County for declaratory and equitable relief. The City argued that the statute was unconstitutional, as it hindered interstate commerce. Referencing the U.S. Supreme Court case Fort Gratiot Sanitary Landfill v. Michigan Dept. of Nat. Resources, the Georgia Court found parallels, noting that OCGA 36-1-16(a) allows counties to veto the importation of solid waste, effectively isolating themselves from the national economy. The ruling emphasized that such restrictions cannot be justified solely based on the origin of waste. The decision also clarified that the City of Atlanta properly notified the Attorney General of its constitutional challenge, confirming the superior court's jurisdiction. All Justices concurred in the judgment.