Southern Crescent Newspapers, L.P. v. Dorsey

497 S.E.2d 360, 269 Ga. 41, 98 Fulton County D. Rep. 318, 1998 Ga. LEXIS 54
CourtSupreme Court of Georgia
DecidedFebruary 2, 1998
DocketS97A2023
StatusPublished
Cited by1 cases

This text of 497 S.E.2d 360 (Southern Crescent Newspapers, L.P. v. Dorsey) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Southern Crescent Newspapers, L.P. v. Dorsey, 497 S.E.2d 360, 269 Ga. 41, 98 Fulton County D. Rep. 318, 1998 Ga. LEXIS 54 (Ga. 1998).

Opinions

Sears, Justice.

The former legal organ of DeKalb County appeals the trial court’s denial of its request for injunctive and mandamus relief after the official designation of a new county legal organ, claiming that the legislature’s amendment of the statutory criteria required for legal organs should be applied retroactively to disqualify the newly-designated paper. We conclude that (1) the newly-designated paper satisfied the necessary criteria for legal organs at the time of its appointment, and (2) under our present statutory scheme, the official act of designating a new county legal organ was completed before the legislature amended the criteria for legal organs, and thus the amended criteria was not applicable. Therefore, we affirm.

The facts of this case are somewhat unusual. From 1972 until 1997, Southern Crescent Newspapers, d/b/a the Decatur-DeKalb News/Era (“the News/Era”) served as the legal organ of DeKalb County. On December 27, 1996, The Champion Newspaper (“the Champion”), which has been published since 1991, formally expressed an interest in being designated to replace the News/Era as the county’s legal organ. At that time, the Code required that, in order to be designated as a legal organ, at least 85 percent of a newspaper’s circulation had to be comprised of paid circulations, and it must have been continuously published for at least two years.1 Evidence introduced in the trial court showed that, as of January 15, 1997, the Champion satisfied those criteria. Seven days later, the Champion officially applied for designation as the legal organ of DeKalb County.

Under the Code, a county’s designated legal organ may only be changed upon the concurrent action of a majority of the county probate judge, sheriff, and clerk of superior court.2 On January 29,1997, a hearing was held before the DeKalb County Probate Judge, Sheriff, and Superior Court Clerk to hear the News/Era’s and the Champion’s presentations regarding their respective qualifications to serve as the county’s legal organ. At that hearing, it was requested that the Champion provide an independent circulation audit to show that it satisfied the Code’s 85 percent paid circulation requirement, and the Champion complied with that request shortly thereafter.

On April 4, 1997, the County Sheriff and Superior Court Clerk issued a declaration “designating the Champion as legal organ of DeKalb County effective April 4, 1997 at 5:00 P.M.” (The County Pro[42]*42bate Judge previously had stated that he would dissent from that designation.) All interested parties were notified immediately of the Champion’s designation. The designating officials specified that the publication of official notices in the Champion would commence on May 1, 1997 (later changed to July 1, 1997).

A mere ten days after the Champion’s designation, on April 14, 1997, the statute governing legal organs was amended to require that, in order to serve as a county legal organ, a newspaper must have maintained an 85 percent paid circulation for at least one year. On that same day, the News/Era filed the underlying action, claiming that because the Champion had an 85 percent paid circulation only for approximately four months before being designated, the amended law should be applied retroactively to disqualify it from publishing legal notices, and the officials should be compelled to designate the News/Era as DeKalb County’s legal organ. After an evi-dentiary hearing, the trial court denied the News/Era’s request for injunctive and mandamus relief, and upheld the Champion’s designation as legal organ. From that ruling, the News/Era brings this appeal.

1. On April 4, 1997, the date on which the Champion was declared to be the legal organ of DeKalb County, the Code dictated that:

No journal or newspaper shall be declared or made the official organ of any county for the publication of. . . ‘official or legal advertising’ unless the newspaper shall have been continuously published and delivered to . . . paid bona fide subscribers in that county for a period of two years . . . and unless 85 percent of [its] circulation ... is paid circulation.3

On appeal, the News/Era argues that the trial court clearly erred in finding that the Champion had an 85 percent paid subscription at the time of its designation. Therefore, argues the News/Era, the Champion was ineligible under the statute, as it existed at the time of designation, to serve as DeKalb County’s legal organ. We disagree.

The trial court’s finding that the Champion satisfied the Code’s 85 percent paid subscription requirement was based upon two convincing pieces of evidence. The first of these was a circulation verification report prepared by an independent professional auditing service that specializes in analyzing circulation figures for community-based publications. The authenticity of the verification report was stipulated to by both parties. That report showed that, at the time of its designation, 89.9 percent of the Champion’s distribution was [43]*43through paid subscriptions. The second piece of evidence relied upon by the trial court was an audit prepared by the United States Postal Service to determine the Champion’s eligibility for second-class mail rates. It, too, showed that more than 85 percent of the Champion’s distribution was through paid subscriptions.

This Court is bound by the trial court’s factual findings unless, based upon the evidence of record, those findings are clearly erroneous.4 Based upon the evidence of record discussed above, it is clear that the trial court’s finding that paid subscriptions constituted at least 85 percent of the Champion’s total circulation figures was not clearly erroneous, and we reject the News/Era’s contrary assertion.5

2. Both before and after its amendment, OCGA § 9-13-142 (c) provides that:

No change shall be made in the official organ of any county except upon the concurrent action of the judge of the probate court, the sheriff, and the clerk of the superior court of the county or a majority of the officers.

As discussed above, on April 4, 1997, the DeKalb County Sheriff and Superior Court Clerk acted concurrently to designate the Champion as legal organ. Ten days later, the legislature amended section 9-13-142 (a)’s eligibility criteria for legal organs to require that, in order to serve as a legal organ, a newspaper must have maintained an 85 percent paid circulation for at least one year. While that amendment was enacted after the Champion’s designation, it also was enacted before the Champion was to commence publishing official legal notices. At the time of its designation, the Champion had maintained an 85 percent paid circulation for slightly less than four months. The News/Era argues that the amended eligibility criteria for legal organs should be applied retroactively to the Champion’s designation, rendering it ineligible to serve as DeKalb County’s legal organ, and nullifying its designation as improper. We disagree.

[44]*44The News/Era bases its argument on this Court’s decision in Dollar v. Wind 6 But a careful reading of that opinion belies the News/Era’s reliance. In Dollar,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Warren v. Smith
785 S.E.2d 25 (Court of Appeals of Georgia, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
497 S.E.2d 360, 269 Ga. 41, 98 Fulton County D. Rep. 318, 1998 Ga. LEXIS 54, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southern-crescent-newspapers-lp-v-dorsey-ga-1998.