Express Publishing, Inc. v. City of Ketchum

Citations: 753 P.2d 1260; 114 Idaho 114; 16 Media L. Rep. (BNA) 1105; 85 A.L.R. 4th 575; 1988 Ida. LEXIS 37Docket: 16900

Court: Idaho Supreme Court; April 22, 1988; Idaho; State Supreme Court

SummaryOriginalCytator Case TreatmentBackward CitatorAnalysis

EnglishEspañolSimplified EnglishEspañol Fácil

In the case of Express Publishing, Inc. v. The City of Ketchum, the Idaho Supreme Court addressed a dispute over which newspaper should be designated as the official newspaper of Ketchum. The Ketchum City Council initially designated the Wood River Journal as the official newspaper based on its interpretation of "publish" in Idaho Code 50-213, concluding that the Journal was disseminated in Ketchum. Express Publishing, Inc. subsequently filed for mandamus and declaratory judgment, asserting that the Idaho Mountain Express was the only newspaper "published" within the city limits.

The trial court sided with Express, ruling that the Idaho Mountain Express was the sole newspaper published in Ketchum, thus reversing the City Council's ordinance. The court determined that the other allegations raised were unnecessary for the resolution of the case. Both newspapers were acknowledged as qualifying for legal notice publication, though neither was printed within Blaine County. The Wood River Journal, established in 1881, operates primarily from Hailey, while the Idaho Mountain Express, a newer publication, has its main office in Ketchum and conducts most of its operations there.

The court found no disputed material facts regarding the narrow question of publication location, leading to a summary judgment in favor of the Idaho Mountain Express.

The trial court determined that the sole issue for summary judgment was whether Idaho Mountain Express was the only newspaper "published" within Ketchum's city limits, concluding that it was. The Wood River Journal contended that "publish" should mean "to disseminate" or "to circulate," but the district court disagreed, interpreting I.C. 50-213 as distinguishing between a newspaper's publication location and its circulation. Citing no Idaho case law, the court referenced decisions from other jurisdictions supporting its conclusion. In Oklahoma, it was established that a newspaper is published where its main office is located, which is where content is determined. Similarly, in New Jersey, the court ruled that a newspaper cannot have multiple places of publication and must have its main office where it is published, regardless of branch offices. The New Jersey court emphasized that maintaining a branch office does not equate to publication, as it would undermine the legislative intent to have legal notices in local newspapers with community connections. The court also noted that the place of publication is where the newspaper is first issued for circulation, reinforcing that merely having a local office for distribution is insufficient for qualifying as a published entity in that locality. The overall conclusion was that there was inadequate factual stipulation regarding the publishing practices of the newspaper in question.

The court concluded that the attributes of the Union City office and its distribution characteristics were insufficient to meet the statutory requirements for publication. Despite the persuasive nature of decisions from other jurisdictions, it was determined that Idaho Mountain Express is published within Ketchum, while the Wood River Journal's branch office does not fulfill the necessary criteria for publication within the city limits. The legislative intent of I.C. 50-213 supports this conclusion. Should the legislature disagree, it can amend the statute to reflect the Wood River Journal's position that mere circulation within a municipality qualifies for official newspaper designation. The district court's decision is affirmed, with costs awarded to the respondent. Justices Bakes, Bistline, Huntley, and Pro Tem McQuade concurred.