Ex parte Advanced Disposal Services South, LLC, et al.Annotate this Case
Advanced Disposal Services South, LLC; Advanced Disposal Services Alabama Holdings, LLC; Tallassee Waste Disposal Center, Inc.; Advanced Disposal Services, Inc.; and Stone's Throw Landfill, LLC (collectively, "Advanced Disposal"), petitioned the Alabama Supreme Court for a writ of mandamus to direct the Circuit Court either to join the City of Tallassee ("the City") as a necessary and indispensable party to the underlying action filed by Jerry Tarver, Sr., or, alternatively, to dismiss the action in its entirety, pursuant to Rule 19, Ala. R. Civ. P. The Supreme Court granted the petition and issued the writ, making no determination whether joinder would be feasible or whether the City was an indispensable party. Tarver filed an application for rehearing, arguing in its September 28, 2018 opinion, the Supreme Court "recast" his claims to reach the conclusion that the City was a necessary party to this action. He argued that the Court's reasoning on original submission was dependent on the notion that he sought to address the whole of the effluent the City discharges into the Tallapoosa River ("the river") when, he claimed, he sought to enjoin only the quantity of the leachate Advanced Disposal deposited into the City's stabilization pond. Tarver then argued that not only did the Court's analysis depend on a recasting of his claims, but the Court also relied on facts not before the circuit court in support of that recasting, namely, "facts as to the percentage of the effluent attributable to [Advanced Disposal's] leachate compared to the percentage of the effluent attributable to other sources." In overruling Tarver's application, the Supreme Court held Tarver's arguments misapprehended its opinion; the figures cited in note 5 of the opinion on original submission were consistent with the allegations in the complaint that the stabilization pond treats "substantial amounts" of waste from parties other than Advanced Disposal.