Pooler-based Atlantic Waste Services is suing Bryan County over the company’s proposed North Bryan landfill, claiming the county’s ordinances don’t comply with state law.
The suit, filed Jan. 11, follows an attempt by Atlantic Waste to get the county to rezone the property and change its ordinances.
The company applied for ordinance changes in order to build a 268-acre landfill on approximately 1,100 acres it owns in Black Creek community in North Bryan. The Bryan County Commissioners in December unanimously denied the company’s request.
At Tuesday’s regularly scheduled county commission meeting, county attorney John Harvey told commissioners Atlantic Waste filed the appeal.
“We’re preparing our defenses and it’ll probably be in front of the first level of superior court judge within the next few months,” he said.
Atlantic Waste claims the county’s zoning ordinance is unconstitutional and violates state law while in essence prohibiting any landfill facility within the county. The suit also claims Bryan County violated Atlantic Waste’s right to due process by denying its bid for rezoning. It wants a judge to rule that the county’s zoning ordinance relating to landfills is unenforceable and that Atlantic Waste can use the property as a landfill.
In addition, Atlantic Waste is seeking damages for its inability to use its property. The suit doesn’t specify a dollar amount. Harvey told the commissioners that Don Stack, an attorney who represented a group of residents against the landfill, may also get involved in the case.
“We really don’t have a dog in that fight. It’d be up to the discretion of the judge as to whether or not they have an interest in the case,” Harvey said.
Atlantic Waste attorney Harold Yellin said the company feels a lawsuit is its best option.
“I think they think it’s the best step to take because the ordinance as written basically allows for a landfill, but there is no where in Bryan County eligible for a landfill,” Yellin said.