County Commissioners Plan on Fighting Sweet City Landfill Lawsuit

March 28, 2013

The Elbert County Board of Commissioners intends to fight a recent lawsuit by Sweet City Landfill, LLC.

According to County Attorney Bill Daughtry, the suit is requesting that the county’s landfill ordinance be declared unconstitutional, or that they be declared exempt from the ordinance because they claim to be a waste to energy facility.

Daughtry says he does not expect a settlement in the suit, and that the county is going to fight it.

“Of course we deny those allegations, and there are a number of steps even after the issues of this lawsuit are resolved there are still a number of steps that would have to be gone through”, explained Daughtry. “We intend to vigorously defend this lawsuit.”

The lawsuit is expected to go to court, and will be a process that takes place over the next several months said Daughtry.

“We have to file an answer within thirty days of service; I believe the first commissioner was served last week”, said Daughtry. “So we will have to file an answer, and we will be conducting discovery for approximately six months.”

WSGC reached out to Sweet City Landfill, LLC, but has yet to receive a comment from the group.

During a called meeting yesterday evening, the Elbert County Board of Commissioners approved the hiring of Brandon Bowen, who is an attorney who specializes in land use and environmental law.

The motion to hire Bowen passed with a unanimous four to zero vote, as Commissioner Freddie Jones was not present at the called meeting.

Bowen, is with Jenkins and Bowen P.C., and will assist County Attorney Bill Daughtry in the defense of the lawsuit filed by Sweet City Landfill, LLC.