Advanced Disposal Services Middle Georgia, LLC v. Deep South Sanitation, LLC

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This appeal stemmed from complaints filed by appellants Advanced Disposal Services Middle Georgia, LLC and Lowndes County, seeking injunctions prohibiting appellee Deep South Sanitation, LLC from providing solid waste collection and disposal services in the unincorporated areas of Lowndes County in violation of a newly enacted Lowndes County ordinance. The trial court denied appellants' requests for injunctive relief, and they appealed. The trial court determined that injunctive relief could not be granted in favor of appellants because enforcement of the Ordinance would violate Deep South's due process rights by interfering with its right to conduct business in the same manner as before enactment of the Ordinance. Because Deep South's substantive due process defense involved neither a suspect class nor a fundamental right, the Supreme Court applied a rational relationship test to determine whether enforcement of the Ordinance against Deep South would violate due process. Applying this test, the Court concluded the trial court erred by holding that enforcement of the Ordinance against Deep South would violate its due process rights. Furthermore, the Court found the trial court erred that the County's enforcement of the Ordinance through an injunction would have violated Deep South's substantive due process rights. Accordingly, the Supreme Court reversed the trial court's judgment and remanded for further proceedings. View "Advanced Disposal Services Middle Georgia, LLC v. Deep South Sanitation, LLC" on Justia Law