Court affirms solid waste plan

Gwinnett County fees for solid waste and stormwater services are legal and constitutional, according to a court order issued by Superior Court Judge Michael Clark on June 9, 2011. He said the County has the authority to contract with private companies to provide those services, to charge the fees on the property tax bill, and to collect the fees as far in advance as is reasonably necessary.

Plaintiffs Verlin and Milagros Gilliam of Loganville filed the lawsuit against Gwinnett County and its five private residential trash haulers alleging it is illegal to require all unincorporated residents to have trash service and to bill them in advance with their property tax. In the Gilliam's case, their mortgage company pays the fees from an escrow account set up as part of their mortgage.

The complicated litigation was transferred to the Superior Court in September 2010. Judge Clark's findings in favor of the County finally settle a number of issues related to the new solid waste plan that went into effect in July 2010.

Click here to view the court order dismissing the claims against the five private residential haulers. Click here to view the court order granting summary judgment to the Gwinnett County defendants.