City of Plainfield v. Courier News

Citations: 369 A.2d 513; 72 N.J. 171; 1976 N.J. LEXIS 227

Court: Supreme Court of New Jersey; November 15, 1976; New Jersey; State Supreme Court

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The Supreme Court of New Jersey addressed the eligibility of the Courier-News to continue as the official newspaper for the City of Plainfield following its relocation from Plainfield to Bridgewater Township. An official newspaper, as defined under N.J.S.A. 40:53-1, is designated by a municipality for publishing legal advertisements and notices. The court examined the implications of the Courier-News' move, which occurred in March 1972, and the subsequent legal actions taken by Plainfield to determine if the Courier-News could still be considered as published in Plainfield. 

The trial court ruled that the Courier-News remained eligible as it was still considered published in Plainfield. This decision was upheld by the Appellate Division, though dissenting Judge Halpern argued that the statutes did not envision a newspaper being published in multiple locations. The Supreme Court, upon reviewing the statutory language and legislative intent, disagreed with the lower courts' conclusions and reversed their decisions, aligning with Judge Halpern's dissent.

Historically, the Courier-News, incorporated in 1894, operated primarily from Plainfield until its relocation, after which it established modern facilities in Bridgewater, employing over 200 people. Although a small Plainfield office was maintained for local operations, the majority of the newspaper's functions—including editorial work and distribution—were transferred to Bridgewater, where it is now classified for postal purposes.

The Courier-News has a total circulation of approximately 66,000 copies, with 8,800 distributed in Plainfield. It contends that it operates a "publication office" in Plainfield and that its first printed newspapers each day are circulated there, thus maintaining its status as published in Plainfield per publication statutes. Conversely, the Daily Journal, based 15 miles away in Elizabeth, contests this claim, asserting that the Courier-News is published outside Union County and is ineligible to be Plainfield’s official newspaper. The Daily Journal, which previously had a limited circulation in Plainfield, has expanded its reach with a branch office established in Plainfield and increased its local circulation to 1,144 copies in 1972. While it does not claim to be published in Plainfield, it argues its eligibility to publish legal notices in the municipality if no local newspaper exists.

The legal status of the Courier-News as a "legal newspaper" is examined, particularly whether relocating its headquarters affects its qualifications. This matter is deemed moot but is discussed to clarify the difference between general qualifications under Title 35 (Legal Advertisements) and specific eligibility for municipal legal notices under Titles 40 and 40A. N.J.S.A. 35:1-2.2 outlines qualifications for legal newspapers, which include being entirely printed in English, published in New Jersey, having a general paid circulation with a minimum average news content of 35%, continuous publication in the municipality for at least two years, and classification as second-class mail for two years. The legislative intent emphasizes the need for legal advertisements to be carried by newspapers that are widely read and possess stability in their communities. The Courier-News is acknowledged to meet all qualifications aside from the requirement concerning continuous publication in Plainfield, which it disputes by claiming it has maintained its publication office and continued operations there.

Hunterdon County Democrat v. Recorder Publishing Co. is pivotal in establishing the legal qualifications for a newspaper's status to publish official advertisements under N.J.S.A. 35:1-2.2. The case involved the Hunterdon Review, which had relocated most of its operations to Clinton after a consolidation with the High Bridge Gazette, while retaining a limited office in Whitehouse Station for editorial and circulation purposes. The rival Hunterdon County Democrat sought a declaratory judgment arguing that the relocation disqualified the Hunterdon Review from publishing legal ads. 

The court distinguished this case from In re Bond Printing Co., where an entire newspaper operation moved to a different municipality, resulting in disqualification under the same statute due to a failure to meet a two-year requirement for publication at the new location. In contrast, the Hunterdon Review maintained a publication office in Whitehouse Station, which continued to serve as the office of publication for postal purposes, thereby satisfying the requirements of N.J.S.A. 35:1-2.2. 

The court noted that the statute does not mandate that all editorial or business functions occur at the publication office, nor does it restrict a newspaper to a single publication office. It found that Whitehouse Station remained a place of publication, as the paper was circulated and distributed there, and emphasized that legislative intent necessitated a liberal interpretation of the law. Although implications arose regarding a newspaper having multiple publication offices, the court did not determine the implications of the Hunterdon Review's publication status in Clinton, limiting its ruling to the Review's qualifications as a legal newspaper without addressing its eligibility for designation as an official newspaper in any municipality.

A newspaper cannot have more than one place of publication under ordinary circumstances, and any suggestion to the contrary is disapproved. The Courier-News, after relocating to Bridgewater Township on March 27, 1972, failed to meet the two-year publication requirement outlined in N.J.S.A. 35:1-2.2, temporarily losing its status as a legal newspaper. However, subsequent legislative amendments provided a two-year grace period allowing the Courier-News to maintain its legal publication status for advertisements in Plainfield despite the move. After this grace period, the Courier-News had published in Bridgewater Township for the requisite duration, thus requalifying under the statute. The courts recognized the newspaper's eligibility to publish official notices for Plainfield, noting its largest circulation and strong local ties, while acknowledging that the legislative intent aimed to ensure effective dissemination of notices. The core issue remains whether the Courier-News is presently considered "published" in Plainfield, a term that requires contextual interpretation.

The distinction between printing and publishing a book is clarified, noting that a book is only considered published when offered for sale or circulated. This principle is supported by several cases, including Wolfe County Liquor Dispensary Association v. Ingram and others. In New Jersey, a newspaper's publication is not limited to its printing location, as demonstrated in Schultz v. Board of Education of Wanaque. The challenge arises in defining "publish" in a way that identifies a newspaper's place of publication. Historical cases, such as Leroy v. Jamison and Rose v. Fall River Five Cents Savings Bank, illustrate that the statutory language regarding publication refers to where a paper is first issued, not merely distributed. In Leroy, a survey published in a paper printed far from the land in question was deemed insufficient because it was not published where it was first given to the public. Similarly, in Rose, the court ruled that a newspaper, despite having a local office, was not published in the town of the mortgaged property since its management and issuance were centralized in another location. This reasoning was upheld in Village of Tonawanda v. Price, where a newspaper that had relocated was found no longer to be published in its original town.

In Montesano v. Liberty Warehouse Co., the New Jersey Court of Errors and Appeals clarified the Uniform Warehouse Receipts Law's requirement for sale notices to be published in a local newspaper. The court ruled that publication refers to where a newspaper is first circulated, not just where it has a branch office. This standard was reaffirmed in subsequent cases, including Wildwood Publishing Company v. Wildwood and Schultz v. Board of Education of Wanaque, where publication was determined by the location of the newspaper's editorial offices and mailing practices.

In Hunterdon County Democrat v. Recorder Publishing Co., the court faced challenges in applying the Montesano definition, especially regarding the delivery logistics of the newspaper. Despite the newspaper's printing plant moving, the court concluded it was still published in Whitehouse Station because that was where it was distributed first, aligning with legislative intent. The Courier-News similarly claims publication in Plainfield based on its first distribution point. Historically, case law suggested a newspaper could have only one publication place, but Hunterdon County Democrat hinted at the possibility of multiple locations, though this was not necessary for its decision. The court's ultimate definition focused on the location where the newspaper is fully prepared for distribution, reflecting the complexities of determining a newspaper's place of publication.

The definition of "place of publication" aligns with the interpretation in *Montesano v. Liberty Warehouse Co.*, where it is defined as the location where a newspaper is first circulated or issued to subscribers. The term "first" refers to the initial step in the publication process rather than the moment copies are received by the public. Typically, this definition applies to a single location. This interpretation is supported by 39 U.S.C. § 4352, which suggests that a newspaper can only have one office of publication despite potentially holding multiple second-class mail permits. In the case at hand, the Courier-News is determined to be published in Bridgewater Township, where all final production activities occur, making it the "home office" of the publication. While it's acknowledged that a national publication could have multiple offices for different editions, the existence of a small branch office, like the one in Plainfield, does not constitute a separate publication site. The lower courts' findings, which suggested that the Courier-News published in Plainfield, effectively disregarded the statutory definition of publication. Consequently, the judgment of the Appellate Division and trial court is reversed, confirming that the Plainfield Courier-News does not publish within the City of Plainfield, allowing the Daily Journal from Union County to be designated as Plainfield's official newspaper. An addendum notes various statutory requirements for newspapers of general circulation in municipalities, counties, and state agencies without being exhaustive.

Publication requirements for various municipal actions are outlined in several New Jersey statutes. Key points include:

1. A newspaper published in the municipality is preferred for notices; if absent, a county newspaper that circulates in the municipality may be used.
2. Specific statutes (N.J.S.A. 40:49-9, 40:49-27, 40:62-93, etc.) dictate publication venues for different municipal activities, such as election notices, improvement ordinances, and financial statements.
3. For villages, at least one or two newspapers published at the county seat may be utilized if local options are unavailable (N.J.S.A. 40:161-2).
4. In cities, two local newspapers are required, or alternatives from the county if local papers do not exist (N.J.S.A. 40:179-108, 111).
5. Certain actions, like road district assessments or elections under the Faulkner Act, also specify the need for publications in local newspapers or those with general circulation (N.J.S.A. 40:153-17, 40:69A-171).
6. Some statutes require that newspapers have been published for a minimum duration (e.g., six months or one year) to qualify for notice dissemination (N.J.S.A. 40:80-2, 40:76-17).
7. Various actions, including bond ordinances and budget announcements, necessitate publication in at least two newspapers circulating in the county (N.J.S.A. 40:57-3, 40A:2-19).

These regulations ensure that municipal actions are publicly notified in appropriate and accessible media.

Official newspaper publication requirements are outlined under various New Jersey statutes, including N.J.S.A. 40:128-3 (street-sprinkling ordinance), 40:55-1.7 (planning board hearings), and others. If no official newspaper exists for a municipality, publication can occur in a general circulation newspaper in the municipality or county. N.J.S.A. 35:1-2.2a, enacted in 1968, supersedes previous locality restrictions, allowing notices to be published in any newspaper printed in New Jersey, regardless of its specific county or municipality of origin.

The City of Plainfield sought a declaratory judgment regarding the eligibility of the Courier-News under N.J.S.A. 40:53-2, which does not apply to cities. Nonetheless, the analysis considered broader implications as other statutes relevant to Plainfield may apply. The court appears divided, with dissenting opinions suggesting affirmation based on the Appellate Division's majority reasoning. 

Additional notes elaborate on postal requirements for publication, the nature of circulation figures, and the necessity for a newspaper to be continuously published in its municipality for at least two years to meet statutory qualifications. The court also clarifies that a newspaper cannot have a publication office in a location where it is not published, emphasizing the distinction between a publication office and other types of offices.

The original statute required that a newspaper be published continuously for at least one year to qualify for certain considerations. In 1941, amendments were made to tighten eligibility criteria, establishing that a newspaper must be published in the same location for a minimum of two years to ensure it is a stable entity within the community. A two-year grace period was also granted to newspapers that relocate their offices, supporting the legislative intent that qualified newspapers should not be transient.

The Courier-News' assertion of being solely published in Plainfield is considered doubtful, as most of its operations occur in Bridgewater Township. The newspaper canceled its second-class mail status in Plainfield and sought equivalent status in Somerville, which services Bridgewater. Furthermore, it publishes legal advertisements for several municipalities in Somerset County, including Bridgewater.

The court disagrees with the Appellate Division's interpretation that the Legislature has accepted the notion that a newspaper can have multiple publication locations, clarifying that this issue was not previously addressed in case law. The court distinguishes between "place of publication" and "office of publication," noting that printing and editorial functions can occur in different locations. The complexity of the printing process, which involves various stages that may be performed separately, is acknowledged.