Hogan v. DeKalb County, No. A90A0970
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | SOGNIER; CARLEY |
| Citation | 397 S.E.2d 16,196 Ga.App. 728 |
| Parties | HOGAN v. DeKALB COUNTY. |
| Decision Date | 04 September 1990 |
| Docket Number | No. A90A0970 |
Page 16
v.
DeKALB COUNTY.
[196 Ga.App. 730] King, Taylor & Stovall, James F. Stovall III, Tucker, for appellant.
Michael K. Dennard, Lyons, Albert S. Johnson, Atlanta, for appellee.
[196 Ga.App. 728] SOGNIER, Judge.
Jack H. Hogan brought suit against DeKalb County seeking a declaration of his rights under a county sanitation ordinance. The trial court ruled in favor of the County, and Hogan appeals.
The record reveals that in 1973, after appellant became dissatisfied with the county garbage pickup at an apartment complex he owned, he sought and received permission to collect the garbage from the complex himself and haul it to the county dump. Appellant purchased the equipment to do so, and his employees served the complex satisfactorily for three years. In 1976, appellee notified him that it would no longer permit him to collect the garbage himself. After appellant appealed to his county commissioner for help, the Board of Commissioners passed a resolution granting appellant a reprieve until December 1978, to allow him to recover the cost of the equipment purchased. Appellant received no notice of this resolution, but he was [196 Ga.App. 729] not billed by appellee for sanitary fees and continued to collect the garbage even after 1978, without protest from appellee.
In 1984, appellant developed a second apartment complex and a commercial building, and county garbage pickup was begun at those locations. After failing to resolve a dispute with appellee concerning damage to the driveways and curbing which appellant alleged was caused by the heavy garbage trucks, appellant ceased paying the sanitary fees for these two properties, and when appellee consequently stopped collecting the garbage, appellant began to service them in the same manner he was servicing the first apartment complex. Appellee then notified appellant by letter that he was in violation of a county ordinance and must cease collecting garbage at all three locations, and this action ensued.
Appellant contends the trial court erroneously ruled in favor of appellee because the
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sanitation ordinance does not prohibit him from collecting garbage from property he owns. We do not agree. Section 6-3009(b) of the DeKalb County Code of Ordinances provides that "[i]t shall be a violation of this chapter for any person, not licensed by the county, to collect and haul any refuse other...To continue reading
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DeKalb County v. Post Apartment Homes, No. A98A2148.
...717, 476 S.E.2d 53 (1996); First Union Nat. Bank of Ga. v. Collins, 221 Ga.App. 442, 444, 471 S.E.2d 892 (1996); Hogan v. DeKalb County, 196 Ga. App. 728, 729, 397 S.E.2d 16 (1990). All parts of an ordinance relating to the same subject matter must be harmonized to reconcile conflicts, and ......
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City of Buchanan v. Pope, No. A96A0927
...These principles apply in the interpretation of city or county ordinances as well as statutes. See, e.g., Hogan v. DeKalb County, 196 Ga.App. 728, 729, 397 S.E.2d 16 (1990) (harmonizing provisions of county sanitation ordinance in accordance with general statutory (a) Turning to the provisi......
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Franzen v. City of Atlanta, A21A0259, A21A0267
...County expressing its consent. See generally City of Buchanan , 222 Ga. App. at 718 (1) (a), 476 S.E.2d 53 ; Hogan v. DeKalb County , 196 Ga. App. 728, 729, 397 S.E.2d 16 (1990).4. In two enumerated errors, the Intervenors contend that the trial court erred by holding that the Atlanta Schoo......
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Franzen v. City of Atlanta, A21A0259
...the County expressing its consent. See generally City of Buchanan , 222 Ga App. at 718 (1) (a), 476 S.E.2d 53 ; Hogan v. DeKalb County , 196 Ga. App. 728, 729, 397 S.E.2d 16 (1990).4. In two enumerated errors, the Intervenors contend that the trial court erred by holding that the Atlanta Sc......
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DeKalb County v. Post Apartment Homes, No. A98A2148.
...717, 476 S.E.2d 53 (1996); First Union Nat. Bank of Ga. v. Collins, 221 Ga.App. 442, 444, 471 S.E.2d 892 (1996); Hogan v. DeKalb County, 196 Ga. App. 728, 729, 397 S.E.2d 16 (1990). All parts of an ordinance relating to the same subject matter must be harmonized to reconcile conflicts, and ......
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City of Buchanan v. Pope, No. A96A0927
...These principles apply in the interpretation of city or county ordinances as well as statutes. See, e.g., Hogan v. DeKalb County, 196 Ga.App. 728, 729, 397 S.E.2d 16 (1990) (harmonizing provisions of county sanitation ordinance in accordance with general statutory (a) Turning to the provisi......
-
Franzen v. City of Atlanta, A21A0259, A21A0267
...County expressing its consent. See generally City of Buchanan , 222 Ga. App. at 718 (1) (a), 476 S.E.2d 53 ; Hogan v. DeKalb County , 196 Ga. App. 728, 729, 397 S.E.2d 16 (1990).4. In two enumerated errors, the Intervenors contend that the trial court erred by holding that the Atlanta Schoo......
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Franzen v. City of Atlanta, A21A0259
...the County expressing its consent. See generally City of Buchanan , 222 Ga App. at 718 (1) (a), 476 S.E.2d 53 ; Hogan v. DeKalb County , 196 Ga. App. 728, 729, 397 S.E.2d 16 (1990).4. In two enumerated errors, the Intervenors contend that the trial court erred by holding that the Atlanta Sc......