Advanced Disposal Services Middle Georgia, LLC v. Deep South Sanitation, LLC
296 Ga. 103
| Ga. | 2014Background
- Lowndes County enacted an Ordinance granting an exclusive solid waste franchise for unincorporated areas and approved an Exclusive Franchise with Advanced Disposal; effective Feb. 1, 2013.
- Deep South Sanitation previously provided services in unincorporated areas and continued post-enactment without a franchise or permit.
- County sought injunctive relief to enforce the Ordinance; Advanced Disposal intervened seeking injunctive relief as well.
- Trial court denied relief, finding enforcement would violate Deep South’s due process rights because it had operated prior to the Ordinance.
- Appellants appealed; the Supreme Court reversed, holding the Ordinance is a valid exercise of police power and not a due process violation.
- Court addressed damages to antitrust and due process defenses, concluding immunity applies and remanding to injunctive relief considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does enforcement of the Ordinance violate due process | Deep South claims due process violation from interference with pre-existing business. | Deep South asserts stricter scrutiny; ordinance fails rational basis. | No due process violation; rational basis upheld. |
| Are the County’s actions immune from Sherman Act challenges | Antitrust claims oppose exclusive franchise as illegal restraint. | County actions exempt under state policy for solid waste management. | Antitrust immunity applies; not illegal. |
| Were the Commerce Clause and takings defenses properly preserved for review | Deep South asserted Commerce Clause and takings challenges. | Trial court did not make necessary findings; these issues not properly preserved. | Cannot be considered; not properly preserved on the record. |
Key Cases Cited
- City of Lilburn v. Sanchez, 268 Ga. 520 (Ga. 1997) (ordinance valid if substantially related to public health, safety or general welfare)
- Mesteller v. Gwinnett County, 292 Ga. 675 (Ga. 2013) (exclusive contracts real and substantial relation to solid waste provision)
- Strykr v. Long County Board of Commissioners, 277 Ga. 624 (Ga. 2004) (state policy governs antitrust immunity for local government)
- Danner Construction Co., Inc. v. Hillsborough County, 608 F.3d 809 (11th Cir. 2010) (federal antitrust considerations and local government actions)
- McCollum v. City of Athens, 976 F.2d 649 (11th Cir. 1992) (antitrust and municipal powers context in Georgia)
- Georgia Dept. of Human Resources v. Sweat, 276 Ga. 627 (Ga. 2003) (rational basis review for substantive due process in regulatory context)