DOWNS AND QUINN OBTAIN ORDER DENYING CLASS CERTIFICATION

Bryan Downs and Stephen Quinn recently defeated a proposed class certification in a case challenging a large Georgia city’s solid waste service charge. The case seeks to certify a class of thousands of owners of commercial and multifamily properties who have paid the fee over a five-year period. Downs and Quinn, representing the City, opposed the motion for class certification. Following months of class certification discovery and an evidentiary hearing, the Superior Court of Fulton County ruled in the City’s favor in March 2020, denying class certification on the basis of inadequacy, pursuant to O.C.G.A. § 9-11-23(a)(4).