Legal Opinion
Franklin County v. Fieldale Farms Corp.
Supreme Court of Georgia
Decided November 23, 1998No. S98A1583PublishedCited by 24 opinions
1Opinion of the Court
Fletcher, Presiding Justice.
The issue in this appeal is whether OCGA § 12-5-30.3, the state statute regulating the application of sludge to land, preempts a county land disposal ordinance. We conclude that the General Assembly has failed to give local governments authority to regulate the application of sludge to land, except in the specific area of monitoring. Because Franklin County has sought to establish a duplicate permit system that is not authorized by general law, we hold that OCGA § 12-5-30.3 preempts the county’s Land Disposal Ordinance by implication. Therefore, we affirm.
FACTUAL…
2Cases cited9 opinions
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- City of Atlanta v. HudginsSupreme Court of Georgia · 1942
- Talbot County v. SkipperCourt of Appeals of Maryland · 1993
- City of Atlanta v. McKinneySupreme Court of Georgia · 1995
- Grovenstein v. Effingham CountySupreme Court of Georgia · 1992
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3Cited by24 opinions
- County Sanitation District No. 2 v. County of KernCalifornia Court of Appeal · 2005
- Little v. City of LawrencevilleSupreme Court of Georgia · 2000
- City of Atlanta v. MaysSupreme Court of Georgia · 2017
- Old South Duck Tours, Inc. v. Mayor of SavannahSupreme Court of Georgia · 2000
- Pawnmart, Inc. v. Gwinnett CountySupreme Court of Georgia · 2005
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