Judge Finds Gwinnett Trash Service Constitutional

A Gwinnett Superior Court judge has found Gwinnett County's fees for solid waste and stormwater services are legal and constitutional, according to a press release issued by the county Wednesday (June 22).

Judge Michael Clark ruled in favor of the county in a June 9 court order in response to a lawsuit filed by Verlin and Milagros Gilliam of Loganville.

In his ruling, the judge said "the county has the authority to contract with private companies to provide those services, to charge the fees on the property tax bill and to collect the fees as far in advance as is reasonably necessary,” the press release stated.

The Gilliams filed the lawsuit against Gwinnett County and the five private residential haulers awarded contracts by the county. In the suit, they claimed it was illegal to require all unincorporated residents to have trash service and to be billed in advance for those services on their property tax bills. In the Gilliams' case, the mortgage company paid the fees from an escrow account set up with their mortgage.

The case went to the court in September 2010. Clark’s findings in favor of the county put to rest a number of issues related to the new solid waste plan that went into effect a year ago.

Attempts to reach the Gilliams Wednesday evening were unsuccessful.

Individuals who are interested in reading the court documents can find them on the county’s home page at www.gwinnettcounty.com.