#STOPMETROGREEN
Updated 07.22.25
A lot has happened since our last entry where Metro Green won an appeal due to a north Georgia appeals court basically saying Stonecrest didn't exhaust all opportunities to remedy the situation. So here we are. In order to get up speed on what's happening now it's important to remember why we're here in the first place:
Back when Metro Green first expressed interest in building a recycling facility in the middle of a predominantly black community in a Stonecrest suburb, something they had never done before (previously they only built in industrial locales), they sought the approval of the THEN mayor of Stonecrest, Jason Lary, who is currently serving 57 months in prison for stealing federal funds. He gave them that approval despite not having any authority to do so. Why is this important?
1. Recently, Metro Green was denied the occupancy certificates needed to move forward with their facility's operations, and so, they are suing the city of Stonecrest, the current Stonecrest Mayor and city council members claiming political motivations that are supposedly costing them "$640k" monthly. They are also appealing the denial. One of the reasons shared by Metro Green's attorneys for this lawsuit is that the former mayor (yes, the one currently in prison) approved the facility and when the new mayor was elected they decided to go back on that decision because of "political reasons" ("flip flopping"). Apparently, because a previous leader did something the following leader has to be onboard with it or it's considered politically driven. A very weak argument but let's examine it. As you can see below from the detailed updates we've been sharing on the matter, as lawyers tend to do, Metro Green's attorneys aren't arguing their point with the full truth - so let's discuss the full truth - the facts. Why wouldn't any new mayor who is replacing a mayor that is serving time for stealing federal funds from the community they were elected to serve, not examine closely all agreements made during that mayor's time in office, ESPECIALLY an agreement as controversial as the Metro Green deal. As a reminder, Metro Green was told by the DeKalb Waste Management leadership, who was the only authority at the time to give an ok on this type of project, they were not in compliance and should not move forward with the facility. DeKalb also shared the same information with EPD (Environmental Protection Division) who despite in the past aligning with DeKalb, decided this time not to do so when the now incarcerated Mayor Lary reached out on behalf of Metro Green. Is it a coincidence that the EPD Director, Richard Dunn, and Metro Green's Stephen Mitchell's timelines overlap during their tenures at Hartsfield Jackson many years ago? All things considered, any new mayor or person holding an official seat would answer SHOULD be highly cautious on next steps to move this forward. They would and SHOULD reexamine all the truths as they are commissioned to do and create a blockade where necessary to ensure the protection of interests for its community members. Let's also call out that a Dekalb County judge agreed EPD should not have issued the permit in the first place because DeKalb was the only authority to recommend a permit to EPD but instead EPD followed a recommendation letter sent by the now incarcerated Mayor Lary, who had no authority. Basically, it's like the Falcons coach recommending to the Hawks leadership who to cut and the Hawks leaderships actually taking that advice instead of Hawks coach, who is the expert in the matter. It doesn't make any sense. And so, that's why the judge ruled in favor of Stonecrest and Metro Green had to file an appeal but also why their occupancy certificates and licenses to do waste business in Stonecrest, maybe DeKalb as a whole, should be denied.
2. Metro Green has an interesting argument about how its facility will add jobs to the community and provide tax dollars. Yet, they haven't shared any evidence of these supposed people from that community who have expressed any interest in these jobs. Not only that, doesn't it seem strange the people who Metro Green claims will benefit from these jobs are the exact same people who are and have been protesting against it since its inception? Another fabricated point to prove their dead argument. Mayor Lary never had the support of the community to make a deal with Metro Green. He actually due to all the backlash tried to stop Metro Green on behalf of the community when the residents started to protest. Let's also address the tax dollars as well. Did Metro Green factor into their "benefits" estimates the loss in surrounding communities' property values resulting in lower tax accrual with a facility like this in place? What are those estimates? And not just for what was a beautiful green suburban community in Stonecrest now with this incongruous structure smack in the middle it but the adjacent DeKalb county cities as a whole.
3. A part of the occupancy certificate approval process is for an approval from DeKalb Water & Sewer which falls under DeKalb Waste Management, who in the very beginning did not approve this project and told Metro Green they were not compliant BEFORE Metro Green decided to circumvent DeKalb and go straight to EPD instead, with the help of a now incarcerated former mayor.
So, here we are. Metro Green is now upset that they've wasted millions of dollars on a facility they were told not to move forward with and they want to sue for dollars they've spent in basically ignoring DeKalb's authority.
Let's keep an eye on this matter. Contact your Representatives and Local Officials and let them know Metro Green is not above DeKalb County, the officials who represent us nor the departments that protect us. Their carelessness and negligence in adhering to the rules set before them caused them these self inflected expenses that could have been avoided if they respected the decisions made by DeKalb Waste Management. Making deals with shady officials, going behind the back of DeKalb County leaders and now crying over poor judgement and poor business acumen is a hard lesson to learn. Oh well.
To the Stonecrest leadership... we are watching and cheering you on!
A lot has happened since our last entry where Metro Green won an appeal due to a north Georgia appeals court basically saying Stonecrest didn't exhaust all opportunities to remedy the situation. So here we are. In order to get up speed on what's happening now it's important to remember why we're here in the first place:
Back when Metro Green first expressed interest in building a recycling facility in the middle of a predominantly black community in a Stonecrest suburb, something they had never done before (previously they only built in industrial locales), they sought the approval of the THEN mayor of Stonecrest, Jason Lary, who is currently serving 57 months in prison for stealing federal funds. He gave them that approval despite not having any authority to do so. Why is this important?
1. Recently, Metro Green was denied the occupancy certificates needed to move forward with their facility's operations, and so, they are suing the city of Stonecrest, the current Stonecrest Mayor and city council members claiming political motivations that are supposedly costing them "$640k" monthly. They are also appealing the denial. One of the reasons shared by Metro Green's attorneys for this lawsuit is that the former mayor (yes, the one currently in prison) approved the facility and when the new mayor was elected they decided to go back on that decision because of "political reasons" ("flip flopping"). Apparently, because a previous leader did something the following leader has to be onboard with it or it's considered politically driven. A very weak argument but let's examine it. As you can see below from the detailed updates we've been sharing on the matter, as lawyers tend to do, Metro Green's attorneys aren't arguing their point with the full truth - so let's discuss the full truth - the facts. Why wouldn't any new mayor who is replacing a mayor that is serving time for stealing federal funds from the community they were elected to serve, not examine closely all agreements made during that mayor's time in office, ESPECIALLY an agreement as controversial as the Metro Green deal. As a reminder, Metro Green was told by the DeKalb Waste Management leadership, who was the only authority at the time to give an ok on this type of project, they were not in compliance and should not move forward with the facility. DeKalb also shared the same information with EPD (Environmental Protection Division) who despite in the past aligning with DeKalb, decided this time not to do so when the now incarcerated Mayor Lary reached out on behalf of Metro Green. Is it a coincidence that the EPD Director, Richard Dunn, and Metro Green's Stephen Mitchell's timelines overlap during their tenures at Hartsfield Jackson many years ago? All things considered, any new mayor or person holding an official seat would answer SHOULD be highly cautious on next steps to move this forward. They would and SHOULD reexamine all the truths as they are commissioned to do and create a blockade where necessary to ensure the protection of interests for its community members. Let's also call out that a Dekalb County judge agreed EPD should not have issued the permit in the first place because DeKalb was the only authority to recommend a permit to EPD but instead EPD followed a recommendation letter sent by the now incarcerated Mayor Lary, who had no authority. Basically, it's like the Falcons coach recommending to the Hawks leadership who to cut and the Hawks leaderships actually taking that advice instead of Hawks coach, who is the expert in the matter. It doesn't make any sense. And so, that's why the judge ruled in favor of Stonecrest and Metro Green had to file an appeal but also why their occupancy certificates and licenses to do waste business in Stonecrest, maybe DeKalb as a whole, should be denied.
2. Metro Green has an interesting argument about how its facility will add jobs to the community and provide tax dollars. Yet, they haven't shared any evidence of these supposed people from that community who have expressed any interest in these jobs. Not only that, doesn't it seem strange the people who Metro Green claims will benefit from these jobs are the exact same people who are and have been protesting against it since its inception? Another fabricated point to prove their dead argument. Mayor Lary never had the support of the community to make a deal with Metro Green. He actually due to all the backlash tried to stop Metro Green on behalf of the community when the residents started to protest. Let's also address the tax dollars as well. Did Metro Green factor into their "benefits" estimates the loss in surrounding communities' property values resulting in lower tax accrual with a facility like this in place? What are those estimates? And not just for what was a beautiful green suburban community in Stonecrest now with this incongruous structure smack in the middle it but the adjacent DeKalb county cities as a whole.
3. A part of the occupancy certificate approval process is for an approval from DeKalb Water & Sewer which falls under DeKalb Waste Management, who in the very beginning did not approve this project and told Metro Green they were not compliant BEFORE Metro Green decided to circumvent DeKalb and go straight to EPD instead, with the help of a now incarcerated former mayor.
So, here we are. Metro Green is now upset that they've wasted millions of dollars on a facility they were told not to move forward with and they want to sue for dollars they've spent in basically ignoring DeKalb's authority.
Let's keep an eye on this matter. Contact your Representatives and Local Officials and let them know Metro Green is not above DeKalb County, the officials who represent us nor the departments that protect us. Their carelessness and negligence in adhering to the rules set before them caused them these self inflected expenses that could have been avoided if they respected the decisions made by DeKalb Waste Management. Making deals with shady officials, going behind the back of DeKalb County leaders and now crying over poor judgement and poor business acumen is a hard lesson to learn. Oh well.
To the Stonecrest leadership... we are watching and cheering you on!
Updated 01.24.24
To no surprise the waste management community is weighing-in on the subject. Articles dissecting the legal exercise of this unfortunate juncture are appearing online. No matter what side of the decision you lean towards there's a few questions you should ask yourself: 1. Why did Metro Green choose this community, a predominantly black community, to build this facility when every single other facility they've built in Georgia are located in industrial areas surrounded by other buildings not residences? 2. DeKalb County's Waste Management Department advised EPD not to permit this facility according to the DeKalb County Waste Management Plan - if weigh-in from DeKalb's Department of Waste Management is of no consequence then why is any county's input included in the approval process and how else is EPD informed on the local impact of these permit issuances? 3. Does the local impact not matter to EPD and why would they follow the instructions by a Mayor vs the DeKalb County Waste Department lead (who is the only legal authority on this matter)? 4. How do we resolve this issue together? There has still been no correspondence from Metro Green to the community on a solution that works for both sides. The optics of this permit appear very sinister, racially driven and unbalanced. Metro Green should be concerned about that. Is Metro Green working to make the world a better place through recycling or recycling only to make a profit? Do they know they can do both? Reach out to your Representatives as well as County and State officials and let's fix what's broken in this process - this fight is not over.
To no surprise the waste management community is weighing-in on the subject. Articles dissecting the legal exercise of this unfortunate juncture are appearing online. No matter what side of the decision you lean towards there's a few questions you should ask yourself: 1. Why did Metro Green choose this community, a predominantly black community, to build this facility when every single other facility they've built in Georgia are located in industrial areas surrounded by other buildings not residences? 2. DeKalb County's Waste Management Department advised EPD not to permit this facility according to the DeKalb County Waste Management Plan - if weigh-in from DeKalb's Department of Waste Management is of no consequence then why is any county's input included in the approval process and how else is EPD informed on the local impact of these permit issuances? 3. Does the local impact not matter to EPD and why would they follow the instructions by a Mayor vs the DeKalb County Waste Department lead (who is the only legal authority on this matter)? 4. How do we resolve this issue together? There has still been no correspondence from Metro Green to the community on a solution that works for both sides. The optics of this permit appear very sinister, racially driven and unbalanced. Metro Green should be concerned about that. Is Metro Green working to make the world a better place through recycling or recycling only to make a profit? Do they know they can do both? Reach out to your Representatives as well as County and State officials and let's fix what's broken in this process - this fight is not over.
Updated 08.9.23
Unfortunately, the fight continues as Metro Green Recycling has side stepped an unlawful permit ruling by winning an appeal based on procedural issues. Now, the unlawful permit issue and its facility's detriment to the surrounding majority black community is headed to the Georgia Supreme Court. Your voice on this issue counts more now than it ever did before. If Metro Green would unlawfully seek a permit through its connections to the EPD and build a structure in a black community despite being advised not to do so by DeKalb county officials - there's no telling what judges and laws they are willing to bend in their favor in order to get their way no matter who or how many they harm in the process. The law is clear and this permit should be retracted. They must be stopped. Contact your Representatives and community leaders on this issue. Read more here.
Unfortunately, the fight continues as Metro Green Recycling has side stepped an unlawful permit ruling by winning an appeal based on procedural issues. Now, the unlawful permit issue and its facility's detriment to the surrounding majority black community is headed to the Georgia Supreme Court. Your voice on this issue counts more now than it ever did before. If Metro Green would unlawfully seek a permit through its connections to the EPD and build a structure in a black community despite being advised not to do so by DeKalb county officials - there's no telling what judges and laws they are willing to bend in their favor in order to get their way no matter who or how many they harm in the process. The law is clear and this permit should be retracted. They must be stopped. Contact your Representatives and community leaders on this issue. Read more here.
*Updated 10.31.2022*
Judge rules against Metro Green facility. Read more here.
Judge rules against Metro Green facility. Read more here.
Updated 02.5.2022
Work heard at Metro Green facility - they state it isn't in violation with court order. Read more here.
Work heard at Metro Green facility - they state it isn't in violation with court order. Read more here.
Updated 12.08.21
Trial set for June 13 2022. Read more here.
Trial set for June 13 2022. Read more here.
Updated 10.08.21
As of September 15, 2021 the Honorable Judge Tangela Barrie has ordered Metro Green to halt construction and operating waste handling activity at the Stonecrest facility. However, the fight isn't over yet. Check out the full story here and here.
As of September 15, 2021 the Honorable Judge Tangela Barrie has ordered Metro Green to halt construction and operating waste handling activity at the Stonecrest facility. However, the fight isn't over yet. Check out the full story here and here.
Updated 08.17.21
It's been a while since we last heard anything about Metro Green and Stonecrest. Case # 20cv5610 at the DeKalb Superior Court filing system. As of August 6th the case is still open. Hopefully the county moves to give more visibility to what's happening. We're all still very interested and want to see a ruling in favor of the law and people the law protects.
It's been a while since we last heard anything about Metro Green and Stonecrest. Case # 20cv5610 at the DeKalb Superior Court filing system. As of August 6th the case is still open. Hopefully the county moves to give more visibility to what's happening. We're all still very interested and want to see a ruling in favor of the law and people the law protects.
Updated 05.23.21
A decision is going to be made soon.
First, I want to start with the law, GA Code 36-31-8 (2019). If you go back and read the law, it breaks down in two ways for this case:
1. If Stonecrest was in transition of power, DeKalb gets final say because according to the law "the new city and other political subdivisions may during the transition period commence, planning, negotiations, and other actions necessary or appropriate for compliance after the transition period". Problem is Stonecrest did in fact adopt the DeKalb County Solid Waste Management Plan after the transition period and Metro Green is not in compliance.
2. If Stonecrest wasn't in transition of power the same holds true: Stonecrest adopted the DeKalb County Solid Waste Management Plan giving DeKalb final say and DeKalb told Metro Green no.
Second, I want to address the fine line between businesses pushing for growth and businesses preying on communities and organizations. I have two questions:
1. Why can't Metro Green just use the space for something compliant instead, working with the community instead of against it?
2. Whose say is it in determining if a facility is compliant based on the DeKalb County Solid Waste Management Plan?
A decision is going to be made soon.
First, I want to start with the law, GA Code 36-31-8 (2019). If you go back and read the law, it breaks down in two ways for this case:
1. If Stonecrest was in transition of power, DeKalb gets final say because according to the law "the new city and other political subdivisions may during the transition period commence, planning, negotiations, and other actions necessary or appropriate for compliance after the transition period". Problem is Stonecrest did in fact adopt the DeKalb County Solid Waste Management Plan after the transition period and Metro Green is not in compliance.
2. If Stonecrest wasn't in transition of power the same holds true: Stonecrest adopted the DeKalb County Solid Waste Management Plan giving DeKalb final say and DeKalb told Metro Green no.
Second, I want to address the fine line between businesses pushing for growth and businesses preying on communities and organizations. I have two questions:
1. Why can't Metro Green just use the space for something compliant instead, working with the community instead of against it?
2. Whose say is it in determining if a facility is compliant based on the DeKalb County Solid Waste Management Plan?
Updated 12.15.2020
Dec 11th, Judge Tangie Barrie listened to arguments from CHASE (Citizens for a Healthy and Safe Environment) and Metro Green regarding CHASE's motion to intervene. The Judge is deliberating and has not given a judgment yet.
Here's a brief summary of the hearing (no longer available to view on Youtube):
CHASE has motioned to intervene due to the lack of representation for the community members of South DeKalb - located directly across from the proposed facility site but outside of the City of Stonecrest city limits. Metro Green argued that South DeKalb is being represented by DeKalb County and therefore their interest in this case is redundant. BUT, DeKalb County is only serving as a Defendant, and therefore, cannot fully represent the interest of the South DeKalb community who has argued their health and livelihood are in harms way if this permit is not revoked. Also, because DeKalb County is a Defendant they are only serving in a capacity to protect DeKalb based on allegations brought forward by the Plaintiff - which therefore limits their ability to fully represent the community of South DeKalb at large, hence CHASE's motion to intervene.
Be sure to check out the Stonecrest vs EPD & Director Dunn Dec 18th @ 2pm. Click the link above to watch live on Youtube.
Dec 11th, Judge Tangie Barrie listened to arguments from CHASE (Citizens for a Healthy and Safe Environment) and Metro Green regarding CHASE's motion to intervene. The Judge is deliberating and has not given a judgment yet.
Here's a brief summary of the hearing (no longer available to view on Youtube):
CHASE has motioned to intervene due to the lack of representation for the community members of South DeKalb - located directly across from the proposed facility site but outside of the City of Stonecrest city limits. Metro Green argued that South DeKalb is being represented by DeKalb County and therefore their interest in this case is redundant. BUT, DeKalb County is only serving as a Defendant, and therefore, cannot fully represent the interest of the South DeKalb community who has argued their health and livelihood are in harms way if this permit is not revoked. Also, because DeKalb County is a Defendant they are only serving in a capacity to protect DeKalb based on allegations brought forward by the Plaintiff - which therefore limits their ability to fully represent the community of South DeKalb at large, hence CHASE's motion to intervene.
Be sure to check out the Stonecrest vs EPD & Director Dunn Dec 18th @ 2pm. Click the link above to watch live on Youtube.
Updated 12.1.2020
CHASE (Citizens for a Healthy and Safe Environment) has filed a motion to intervene against EPD & Metro Green stating their interest in the case will be compromised. Stonecrest has filed a motion to add EPD Director Dunn as an individual to the suit - EPD has stated they will file a motion to dismiss both CHASE and Dunn's suits. Hearing for CHASE's motion to intervene will be held Dec 11th @ 1pm. Stonecrest's motion to add Director Dunn and EPD's motion to dismiss will be held Dec 18th @ 2pm. Click dates to watch hearings live.
*All previous hearing videos have been removed from Youtube* 12.7.2020
CHASE (Citizens for a Healthy and Safe Environment) has filed a motion to intervene against EPD & Metro Green stating their interest in the case will be compromised. Stonecrest has filed a motion to add EPD Director Dunn as an individual to the suit - EPD has stated they will file a motion to dismiss both CHASE and Dunn's suits. Hearing for CHASE's motion to intervene will be held Dec 11th @ 1pm. Stonecrest's motion to add Director Dunn and EPD's motion to dismiss will be held Dec 18th @ 2pm. Click dates to watch hearings live.
*All previous hearing videos have been removed from Youtube* 12.7.2020
Updated 11.10.2020
Pre-trial is scheduled for November 30th @ 9 am.
Pre-trial is scheduled for November 30th @ 9 am.
Updated 10.27.2020
Judge Tangela Barrie determined next motion to dismiss hearing dates will fall between Nov 15th - 30th. Watch video from the Oct 26th hearing here.
*All previous hearing videos have been removed from Youtube* 11.04.2020
Judge Tangela Barrie determined next motion to dismiss hearing dates will fall between Nov 15th - 30th. Watch video from the Oct 26th hearing here.
*All previous hearing videos have been removed from Youtube* 11.04.2020
Updated 10.25.2020:
There's a hearing tomorrow Oct 26th at 9AM. Dial the phone number below and Conference Code to join.
There's a hearing tomorrow Oct 26th at 9AM. Dial the phone number below and Conference Code to join.
OVERVIEW:
Metro Green is a construction & demolition recycling company with two locations currently - 4351 Pleasantdale Road & 2490 Marietta Road, both located in Atlanta, Georgia completely surrounded by businesses and/or open space - not residences. Both. They were founded in 2012 by Mitchell Stephens who has a relationship with GDOT dating back to his days in helping with the construction of the fifth runway at Hartsfield-Jackson Atlanta International Airport.
Metro Green is a construction & demolition recycling company with two locations currently - 4351 Pleasantdale Road & 2490 Marietta Road, both located in Atlanta, Georgia completely surrounded by businesses and/or open space - not residences. Both. They were founded in 2012 by Mitchell Stephens who has a relationship with GDOT dating back to his days in helping with the construction of the fifth runway at Hartsfield-Jackson Atlanta International Airport.
They are suspected of unlawfully obtaining building permits for a facility on Miller Rd in the City of Stonecrest - less than 2 miles from Hidden Hills. Both Stonecrest and DeKalb County residents have protested against the building of this facility due to the fear of noise, foul smells, exposure to toxins, decreased property values and more.
Mayor Jason Lary is the current Mayor of The City of Stonecrest where this facility is being built.
Environmental Protection Division of the Georgia Department of Natural Resources approved a permit for Metro Green to build a facility in Stonecrest on Miller Rd based on approval letters from Mayor Lary and former City Manager Michael Harris. EPD is a state agency charged with protecting Georgia's air, land and water resources through the authority of the state and federal environmental statutes. The current Director is Richard E. Dunn, who was former Deputy Director of Georgia's Govenor Planning and Budget (OPB) - did his tenure overlap with Metro Green's Mitchell Stephens & Hartsfield-Jackson improvements?
DeKalb County Department of Planning & Sustainability is the body that approves all Building & Permit applications for Stonecrest - not the Mayor or City Manager.
The Mayor claims he acted within the law because Stonecrest has jurisdiction over DeKalb County. However, according to Stonecrest's very own Permitting Process, in order for a permit to be approved the applicant must not only submit the review request to DeKalb County but they also have to be approved by DeKalb County - no one else.
Which brings us to the question, did DeKalb County approve this request, and if not, why did EPD approve the permit? The answer, of course, is no they were not approved and EPD will have to let everyone know why they approved the permit without DeKalb County's approval.
THE SKINNY:
Based on Stonecrest's very own permit process the Mayor & EPD acted unlawfully and the permit should be revoked.
Based on Stonecrest's very own permit process the Mayor & EPD acted unlawfully and the permit should be revoked.
HERE'S WHAT YOU CAN DO:
1. Sign the petition
2. Donate
3. Tell everyone you can to reach out to the following people and let them know how you feel about this:
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Mayor Jason Lary
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(770) 224-0200
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Environmental Protection Division
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(404) 362-2537
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Michael Thurmond
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(404) 371-2881
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Metro Green
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(770) 326 - 6000
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