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Wolf Creek Landfill LLC v. Twiggs Cnty.

The trial court erred in interpreting a contract as extending the limitation period for filing a breach of contract action based on the agreement, and the 6-year statute of limitation barred the plaintiff's suit.

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Following the grant of its application for interlocutory review, Wolf Creek Landfill, LLC Wolf Creek appeals from the denial of its motion to dismiss a breach of contract action. Wolf Creek contends that the six-year statute of limitation for breach of contract actions barred the action filed against it by Twiggs County, Georgia the County and that the trial court erred in concluding that an anti-waiver clause in the parties’ agreement allowed the County to proceed on its claims. Because the anti-waiver clause applies to provisions of the contract and not to claims arising from breach thereof, we reverse the denial of Wolf Creek’s motion to dismiss.

We review a trial court’s ruling on a motion to dismiss de novo.1 Our role is to determine whether the allegations of the complaint, when construed in the light most favorable to the plaintiff, and with all doubts resolved in the plaintiff’s favor, disclose with certainty that the plaintiff would not be entitled to relief under any state of provable facts.2

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