Mesteller v. Gwinnett County
292 Ga. 675
| Ga. | 2013Background
- Mesteller appeals the superior court’s grant of summary judgment to Gwinnett County and its Board of Commissioners regarding the County’s Solid Waste Ordinance.
- The Home Rule provision authorizes counties to provide garbage and solid waste collection and disposal, and OCGA §12-8-39.3(a) allows enforcement of collection through the same methods as state taxes.
- Gwinnett divided into five zones serviced by private contractors; each zone billed via an annual tax assessment with an admin fee embedded in a monthly rate of $17.86.
- The County pays private contractors for services based on Residential Service Units; the initial billing extended through late 2011, billing more than one year in advance.
- Mesteller, representing himself, sued alleging constitutional violations; the trial court granted summary judgment for the County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to use tax bills for solid waste fees | Mesteller contends County cannot bill solid waste fees on the property tax bill. | County may provide services and enforce fees under OCGA §12-8-39.3(a). | County authorized; private contractors’ participation does not defeat authorization. |
| Lending credit violation under constitutional provision | County lent its credit to private service providers. | Contracting with private providers is authorized to provide services. | Paying contractors before fees collected does not violate the Constitution. |
| Reasonableness of the ordinance method | Ordinance method is not clearly reasonable under Article IX, §II, I(a). | County had authority to enact and use the chosen method; not unreasonable. | Method is authorized and not clearly unreasonable. |
| Whether solid waste fee is an unlawful tax | Solid waste fee is an unlawful tax. | Assessments are charges for services, not taxes. | Fees are charges for services, not taxes. |
Key Cases Cited
- Smith v. Bd. of Commrs. of Hall County, 244 Ga. 133 (1979) (contractual power to provide services may be inferred under Home Rule)
- Strykr v. Long County Bd. of Commrs., 277 Ga. 624 (2004) (authority to provide services through contracts)
- Channell v. Houston, 287 Ga. 682 (2010) (reasonableness of county actions in enacting ordinances)
- Rabun County v. Ga. Transmission Corp., 276 Ga. 81 (2003) (county power to provide services and finance them within constitutional bounds)
- Levetan v. Lanier Worldwide, 265 Ga. 323 (1995) (public funding of services not treated as taxes)