determining that "general circulation" refers more to the content of paper the than to "numerical or geographic distribution of the newspaper," and explaining that when it is primarily directed to a particular group or locality, a newspaper of general circulation must contain "some items of interest to persons who do not live in that locality or who are not members of that group."
How later courts described this case
- determining that "general circulation" refers more to the content of paper the than to "numerical or geographic distribution of the newspaper," and explaining that when it is primarily directed to a particular group or locality, a newspaper of general circulation must contain "some items of interest to persons who do not live in that locality or who are not members of that group."
- distinguishing North Carolina statute, which requires ‘‘a ‘general circulation to [actual] paid subscribers,’ ’’ from California statute requiring ‘‘ ‘a sub- stantial distribution to paid subscribers’ ’’ in holding that ‘‘the newspaper must enjoy more than a de minimis number of readers in the’’ relevant geographical area to satisfy paid subscribers element (emphasis in original)
- refusing to consider a due process challenge to tax notices published in newspapers because the question could not be decided in the abstract without the presence of injured parties
- “statutes dealing with the same subject matter must be construed in pari materia”
Written by the judges who cited it.
The opinion
Justice MEYER
concurring in result.
I concur in the result reached by the majority that the Old Fort Dispatch satisfies the statutory criteria for publishing notices of tax lien sales. I believe, however, that the majority opinion fails to adequately emphasize that the newspaper should be one whose circulation (ie., distribution) reaches the general body of the taxpayers in the county as was, in my view, intended by the legislature.
Chief Justice BRANCH joins in this concurring opinion.