LAWRENCEVILLE -- A local attorney is hoping the Georgia Supreme Court will throw out Gwinnett's controversial trash plan.
On behalf of local resident Robert Mesteller, Chris McClurg filed an appeal Tuesday to the state's highest court, arguing that the county government does not have the authority to charge for garbage service on tax bills.
"They have foreclosed on people's property" because of the garbage bill, McClurg said, adding that had not happened to Mesteller.
Mesteller was one of two local residents who represented themselves in lawsuits trying to stop the plan.
Judge Michael Clark, who signed off on a settlement between the county and trash companies allowing for the required county-wide service, ruled against Mesteller last year.
Mesteller approached McClurg about the case during a candidate forum, while McClurg was running for the Superior Court bench this month. McClurg said he did not offer an opinion at the time, but was hired to take charge of the appeal after he lost the election.
"The real upside (for homeowners) is if the Supreme Court overturns the ordinance, there's going to be a big problem in Gwinnett," McClurg said, adding that he would immediately file a class action lawsuit seeking a refund plus interest for taxpayers.
The attorney spoke to a tea party group Thursday and plans to approach other activists to generate interest in the case.
The solid waste ordinance began in 2010, and homeowners must pay the second bill for the service by Oct. 15.
Gwinnett County officials were not available for response after business hours Thursday. The county has 20 days to respond to the appeal.