In re: Brothers Publishing Company, LLC, dba The Early Bird

Headnotes

H1: Civil Procedure> Service of Process > Methods of Service > Publication

See Ohio Revised Code 7.12(A)

H2: Civil Procedure> Service of Process > Methods of Service > Publication

O.R.C. 7.10 provides that all legal advertisements, notices, and proclamations shall be printed in a newspaper of general circulation and shall be posted by the publisher of the newspaper on the newspaper's internet web site, if the newspaper has one.

H3:  Civil Procedure > Service of Process > Methods of Service > Publication

Under O.R.C. 7.12(B), a person who disagrees that a publication is a "newspaper of general circulation" to deliver a written request for mediation to the publisher of the publication and to the court of common pleas of the county in which is located the political subdivision in which the publication is circulated.  The court of common pleas is required to appoint a mediator and the parties shall follow the procedures of the mediation program operated by the court.

H4: Civil Procedure > Service of Process > Methods of Service > Publication

Under O.R.C. 7.12(A),  a newspaper meet several requirements, including: (1) be in English, and not less than eight pages in broad sheet format, or 16 pages in tabloid format; (2) contain at least one-fourth (or 25 percent) editorial comment, including local news, political information, and local sports; (3) be continuously published for at least three years immediately prior to the legal publication; (4) have the ability to add "subscribers"' to its "distribution list"; and (5) be circulated generally within the jurisdiction, with proof of circulation by the U.S. postal service through PS form 3526 or by an independent audit of the publication within the 12 months immediately preceding legal publication. 

Summary of Case

Procedural Posture: Petitioner brings this before the court to have a declaratory judgment issued.

Overview: The newspaper known as “The Early Bird” comes before the court to have the Court determine that they qualify as a newspaper of general circulation within Darke County, Ohio. 

Outcome:  The Court grants judgment in favor of “The Early Bird,” declaring it a newspaper of general circulation that may receive legal notices and publications. 

Click .pdf to read opinion 

Appellate decision is found here