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Advanced Disposal Services Middle Georgia, LLCv.Deep South Sanitation, LLC; Lowndes County v. Deep South Sanitation, LLC

CourtSupreme Court of Georgia
Docket No.S14A0784, S14A0785
DecidedSeptember 22, 2014
Reporter296 Ga. 103, 765 S.E.2d 364 (2014)
JudgesChief Justice Thompson authored the opinion; all Justices concurred
Tags
CivilGovernment LawAdministrative LawDue ProcessStatutory InterpretationPreliminary InjunctionReversal
Case Summary

Lowndes County adopted an ordinance and exclusive-franchise agreement authorizing Advanced Disposal to collect residential solid waste in the county’s unincorporated areas. Deep South, which had served local customers before the ordinance, continued operating without a franchise or permit. The County and Advanced Disposal sued for injunctions, but the trial court denied relief based on due-process and antitrust concerns. The Supreme Court of Georgia held that the single-provider franchise was rationally related to legitimate public purposes, including uniform, affordable collection and recycling, environmental protection, and reducing the County’s operating losses; rational-basis review did not require the County to choose the best or least restrictive plan. It held that the franchise was exempt from Sherman Act liability because state law clearly authorized counties to arrange solid-waste services. The court declined to reach Deep South’s takings and Commerce Clause defenses because the trial court had not distinctly ruled on them. It reversed the denials of injunctive relief insofar as they rested on the due-process and antitrust rulings; the opinion did not itself direct entry of injunctions. All Justices concurred.

Opinion

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