Georgia Department of Transportation v. Peach Hill Properties, Inc.

Thompson, Justice.

The question for decision in this declaratory judgment and mandamus case is whether the superior court abused its discretion by ordering the Georgia Department of Transportation (“DOT”) to submit a landfill exemption request to the Federal Aviation Administration (“FAA”). We find that it did and, therefore, we reverse and remand for further proceedings.

Peach Hill Properties, Inc., wants to develop and operate a municipal solid waste landfill on property it owns in Peach County, Georgia. However, Peach Hills’ property lies within six miles of the Middle Georgia Regional…