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FRANKLIN COUNTY v. FIELDALE FARMS CORP.

No. S98A1583.

507 S.E.2d 460 (1998)

270 Ga. 272

FRANKLIN COUNTY et al. v. FIELDALE FARMS CORPORATION.

Supreme Court of Georgia.

November 23, 1998.

Attorney(s) appearing for the Case

Donald Andrew Cronin, Jr., Michael A. O'Quinn, Barnhart, O'Quinn & Williams, LLP, McDonough, Douglas G. Ashworth, Green & Ashworth, Royston, for Franklin County, Georgia et al.

Peter M. Degnan, Kendall T. Jones, Alston & Bird, Atlanta, for Fieldale Farms Corporation.

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...

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