GA Supreme Court rules against Deep South Sanitation: DSS vows to keep going

Lowndes County suing a local business with our tax dollars has produced a preliminary Georgia Supreme Court ruling overturning the appeals court and favoring the county’s “exclusive franchise” with ADS, a company owned by New York City investors. Local company Deep South Sanitation vows to keep going.

Do you think this lawsuit is a good use of your tax dollars? What will you think if ADS’ rates go up from Veolia’s bid of $13.05/month ($156.60/year) just before ADS bought Veolia, to ADS’s bid of $13.39/month ($220.68/year)?

Even Veolia’s bid is 50% more than we were paying Lowndes County directly for those waste disposal sites. If the county had simply raised its rates by that 50%, there would have been no shortfall. Instead, the county chose to funnel profits to investors in New York City and to spend tax money trying to put a local company out of business. Does that seem right to you?

Colter Anstaett wrote for WALB 22 September 2014, GA Supreme Court delivers ruling in Lowndes sanitation suit,

The county sued Deep South Sanitation in 2013, saying the small private company did not have a right to collect trash in the county’s unincorporated areas because the county had already entered into an agreement with Advanced Disposal.

But Deep South’s attorney, Rob Plumb, said Monday afternoon that he believes the court did not consider the fact that the county’s stopping Deep South from operating would violate the business owner’s rights of protected property.

“The court declined to rule on that, saying that the trial court didn’t address it. But, I don’t think that’s correct. We’ll be filing a motion for reconsideration on that issue,” Plumb explained.

Plumb has 10 days to file that motion. Deep South will continue to operate for now though, as a formal injunction against Deep South had not been issued as of Monday night.

Joe Adgie wrote for the VDT 23 September 2014, Deep South plans to keep going,

Cary Scarborough, who runs Deep South, called the ruling a disappointment.

“It’s very disappointing, especially here in Lowndes County,” Scarborough said. “I was in business a year before they ever decided to do this type of deal, and it’s just very disappointing here in my home county where I was born and raised and where I raised my children that local politicians would do this to a small local business.”

Scarborough said that his company is looking at legal options to possibly appeal the court’s ruling.

“We’re looking at our options right now, see what options we do have,” Scarborough said. “As far as Deep South Sanitation, we’re business as usual right now.”

He said it was equally disappointing to DSS’ customers.

Deep South Sanitation facebook page statement 22 September 2014, “APPEALS COURT RULING”:

Dear Friends of Deep South,

The Supreme Court of Ga has “reversed” the ruling made in November 2013 by Judge Altman and ruled that Lowndes County has the “right” to stop Deep South Sanitation from providing curbside trash service because it violates a “new” local ordinance. An ordinance that gives “exclusive” rights to Advanced Disposal.

However friends, we (Deep South) has responded “today” to the Supreme Court ruling with a motion to reconsider. It would be safe to say that the ruling already made is not the “final” ruling until we hear back from the Supreme Court regarding the request for reconsideration. Deep South “WILL” continue to operate.

If you are a Deep South Customer and you are reading this, please know that “you” are our main “priority” and we will continue business as usual!

This lawsuit has been “wrong” from the very beginning and has been very “costly” to Deep South as well as the taxpayer’s. We thank each of you for support and for standing behind us as we continue to fight for what is right.

Thank you,

The Scarborough Family

They added:

Dear Friends of Deep South,

So many are asking what to do or who to call about today’s Supreme Court ruling in favor of Lowndes County and Advanced Disposal.

Concerns may be voiced to the Lowndes Commission @ the website below. Please note: Commissioner Demarcus Marshall did “not” vote to file the lawsuit.

Thank you for your support!


1 thought on “GA Supreme Court rules against Deep South Sanitation: DSS vows to keep going

  1. Aulton White

    The people should have the right to choose what service provider they want. The government should not be creating monopolies nor favoring one provider over another.

    Preamble to the Georgia (U.S. state) Constitution

    “ To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution

    Paragraph X. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed.

    The people of the county have the right choose whom they prefer to pay for services. I truly hope the citizens of the county remember this when it comes time again for these county seats. Are these elected officials looking out for the citizens or their own?

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