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Official 1; uiJuL'aUUII of the Kentucky Press Serv1ce - Volume 60, Number 3 - March, 1989
C | bl' ' ’
ourts ru 9 on pu IC notice,
I I '
local newspaper questions
Two Kentucky circuit courts have ruled placed primary reliance upon the published
recently on questions concerning the state's statement of ownership to determine the quali-
Public Notice statute, and definition of "local fications of a newspaper and to determine
newspaper" in notification by government which newspaper has the largest bona fide cir-
agencies about special meetings. culation."
InWhitley Circuit Court,JudgeLewis B. Based on the legislature's reliance for
Hopper ruled that public notices are to be pub- proper compliance, Judge Hopper said he was
lished in newspapers in a county With the “larg- of the opinion that KRS 424.120 requires that the
est bona fide paid circulation" and that the circu- newspaper with the "largest bona fide paid cir—
lation does not need to be limited only to that culation" as shown on the annual Statement of
within the county. Ownership without limiting the circulation to
Judge Hopper said the court was "of the an in-county basis should be that newspaper
opinion that the resolution of the issue at hand qualified to carry advertisements required by
involves its interpretation of KRS 424.120 (1) (d) law to be published."
to determine which newspaper in Whitley Whitley Republican publisher Don
County -- the Corbin Times Tribune or the Estep said the newspaper would appeal the
Whitley Republican -- would be the one re- decisionbyJudgeHopper. The idea of an appeal
quired to publish public notices for the county.” was echoed by Whitley Republican legal coun—
The Whitley Republican contended that sel Cecilia T. Allen of Him, Reed, Harper and
the court should interpret "largest bona fide Eisenger of Louisville, who said,"We're going to
‘ paid circulation" to mean in-county circulation take this out of the political arena and in to the
. only. Judge Hopper noted that the statute does court of appeals."
not permit the court to determine that defini- In another newspaper-related court
tion. As noted in his opinion, KRS 424.120 "does case, the Mason Circuit Court has ruled that the
not limit the determination of the. qualified Kentucky Post is not a local newspaper for
newspaper to the largest in-county circulation Mason County and thus government agencies
but, rather to the largest bona fide paid circula- in the county are not required to notify The Post
tion as shown by the published statement of of any special meetings.
ownership filed on October 1 of each year for the In his decision, Judge Richard L. Hinton
publication area." said, "The Open Meetings Law contemplates
"Upon an entire examination of KRS notice of special meetings to Kentucky based
424.120, it is obvious that the legislature has (Continued 0" Page 8)