The plaintiffs, who are seeking fee refunds, alleged Atlanta will receive $28 million in fee revenue in fiscal year 2021 alone — within the scope of approximately $80 million in fee revenue over the past five years.
A spokeswoman for Atlanta Mayor Keisha Lance Bottoms declined to comment on the pending litigation.
The Atlanta City Council recently held a special two-hour executive session with the city’s law department after C. Elisia Frazier, Atlanta’s managing deputy city attorney, said the city needed to discuss the litigation in relation to solid waste fees. The council also listened to complaints from condo residents, including many seeking refunds.
“For over 10 years, we’ve been lobbying to get these unfair solid waste fees eliminated,” said Margaret Roach, vice president of the Cross Creek Condominium Association in Buckhead.
The complaint was filed by Anne McKillips and Gary McKillips and the 351 Group, LLC. The McKillips own two multi-family condos in the Buckhead community. The 351 Group owns commercial property along Moreland Avenue.
The property owners claimed to have “generally contracted privately” for waste collection, documents show.
In March, the city’s attorneys tried to get the court to dismiss the McKillips lawsuit, but Fulton Superior Court Judge Kelly Lee Ellerbe denied the city’s request in May. The court dismissed a previous lawsuit on this matter.