Augusta Video, Inc

v. Augusta-Richmond County, No. 06-16053, 2007 U.S. App. LEXIS 21638 (11th Cir. Sept. 6, 2007) (Unpublished). Newspapers to which section applicable. — This section applies alike to newspapers published in county and those nearest county having largest or general circulation therein. McGinty v. Chambers, 182 Ga. 341, 185 S.E. 513 (1936). Publication in county newspaper where county has newspaper. — Newspaper selected as official organ must be published in county, if at time of selection a newspaper is published in the county. Dooly v. Gates, 194 Ga. 787, 22 S.E.2d 730 (1942). Subscriber list requirements. — O.C.G.A. § 9-13-142 requires that the subscribers be legitimate subscribers who have paid adequate consideration for their subscriptions and who regularly receive the publication, not persons fraudulently listed by the newspaper who have not actually purchased subscriptions or whose subscriptions were paid for by the newspaper to inflate the newspaper’s subscriber list. Community Newspapers, Inc. v. Baker, 198 Ga. App. 680, 402 S.E.2d 545 (1991). Distribution. — Under O.C.G.A. §§ 9-13-140 and 9-13-142, there exists no requirement that a journal or newspaper must in fact be distributed to the public ‘‘as a whole’’ in order for the advertisement to be deemed legally and sufficiently published. Sparti v. Joslin, 230 Ga. App. 346, 496 S.E.2d 490 (1998). ‘‘Change’’ construed. — Mere private declaration of an intention to make a 274 change in the future, or an agreement with a publisher that at some future time a change should be made, was not a completed change within the provisions of this section. Dollar v. Wind, 135 Ga. 760, 70 S.E. 335 (1911) (but see Southern Crescent Newspapers L.P. v. Dorsey, 269 Ga. 41, 497 S.E.2d 360 (1998)). Interpretation of word ‘‘successor’’ as used in this section is question of law. New Era Publishing Co. v. Guess, 231 Ga. 250, 201 S.E.2d 142 (1973). Newspapers jointly serving as official medium. — There is no provision of law authorizing two newspapers to be jointly designated as official medium for a county’s legal advertisements. Rish v. Clements, 21 Ga. App. 287, 94 S.E. 318 (1917). Newspaper need not be mechanically printed in county the newspaper serves as official organ. Southeastern Newspapers Corp. v. Griffin, 245 Ga. 748, 267 S.E.2d 21 (1980). Requirement that newspaper have 85 percent paid circulation rate applies to newspaper chosen and not the newspaper’s predecessor before merger which must have only been continuously published and mailed to a list of subscribers for two years. Southeastern Newspapers Corp. v. Griffin, 245 Ga. 748, 267 S.E.2d 21 (1980). Statutory circulation rate requirement. — Newspaper failed to statutorily qualify to serve as official legal organ of a county when the newspaper’s circulation had fallen below 75 percent paid circulation for approximately 6 months out of the 2-year period prior to designation. Henry County Record, Inc. v. Cmty. Newspaper Holdings, Inc., 274 Ga. 353, 554 S.E.2d 150 (2001). Newspaper’s failure to publish during Christmas week for previous two years does not disqualify the newspaper 9-13-142 under this section from being the legal organ of a county. Williams v. Athens Newspapers, Inc., 241 Ga. 274, 244 S.E.2d 822 (1978). Challenge by competitor. — Competing publication could not challenge the status of a legal organ on the ground that the newspaper’s paid circulation had dropped below the statutory requirement. Atlanta Journal v. Clarke, 269 Ga. 33, 497 S.E.2d 358 (1998). When newspaper published outside county preferred. — Journal or newspaper which has been published and mailed to a bona fide list of subscribers for a period of 20 years, and which for a like period of time has published the official and legal advertisements of the county, though such journal or newspaper be not published in the county, is the official organ of the county, and has a legal right to publish the official and legal advertisements in preference to one which has not been continuously published and mailed to a bona fide list of subscribers for a period of two years, even though such latter journal or newspaper be published in the county. McGinty v. Chambers, 182 Ga. 341, 185 S.E. 513 (1936). Change in statutory criteria. — Because the newspaper satisfied the statutory criteria required of legal organs at the time the newspaper was appointed, and the designation process was complete when the criteria was amended in 1997, the amended criteria was inapplicable to the newspaper’s designation. Southern Crescent Newspapers v. Dorsey, 269 Ga. 41, 497 S.E.2d 360 (1998). Cited in Champion Box Co. v. Manatee Crate Co., 75 F.2d 340 (5th Cir. 1935); Georgia Cracker v. Hesters, 193 Ga. 706, 20 S.E.2d 7 (1942); Dooly v. Gates, 194 Ga. 787, 22 S.E.2d 730 (1942); Reed v. Southland Publishing Co., 222 Ga. 523, 150 S.E.2d 817 (1966).