CITY OF ALBANY v. OXFORD SOLID WASTE

No. S96A1406.

476 S.E.2d 729 (1996)

267 Ga. 283

CITY OF ALBANY v. OXFORD SOLID WASTE LANDFILL, INC.

Supreme Court of Georgia.

Reconsideration Denied November 8, 1996.


Attorney(s) appearing for the Case

Al Grieshaber, Jr., Albany, Kirk R. Fjelstul, Peter R. Olson, Jenkins & Nelson, P.C., Cartersville, for City of Albany.

Stephen S. Goss, Watson, Spence, Lowe & Chambless, Albany, for Oxford Solid Waste Landfill, Inc.


SEARS, Justice.

In this matter, we are asked to determine whether the trial court erred in issuing a writ of mandamus compelling the City of Albany to issue a land disturbance permit, required for the operation of a landfill, to Oxford Solid Waste Landfill, Inc. ("Oxford"). As explained below, we find that, under the circumstances of this case, it would have been futile for Oxford to have pursued the only avenue of appellate relief available to it before seeking mandamus...

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