Fulton County v. City of Atlanta

Thompson, Justice.

In this case of first impression, we are called upon to decide whether OCGA§ 36-1-16 (a) unconstitutionally impairs the free flow of interstate commerce. We hold that it does, and affirm the judgment of the superior court.

The facts are simple and straightforward: The City of Atlanta entered into contracts with Advanced Disposal Services, Inc. (“Advanced”) and Republic Services of Georgia, L.R (“Republic”), to collect, transport and dispose of the city’s municipal solid waste. Under the contracts, municipal solid waste is to be collected in the city, taken to transfer…