GEORGIA DOT v. PEACH HILL PROPERTIES

No. S04A0204.

599 S.E.2d 167 (2004)

278 Ga. 198

GEORGIA DEPARTMENT OF TRANSPORTATION et al. v. PEACH HILL PROPERTIES, INC.

Supreme Court of Georgia.

July 12, 2004.


Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Cynthia A. Presto, Asst. Atty. Gen., for appellants.

Wilson, Brock & Irby, LLC, Richard W. Wilson, Jr., Duane D. Pritchett, Atlanta, Dupree, King & Kimbrough, Hylton B. Dupree, Jr., Marietta, for appellee.


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...

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