GREAT SOUTHERN MEDIA, INC. v. McDOWELL CTY.

No. 8029SC540.

275 S.E.2d 226 (1981)

GREAT SOUTHERN MEDIA, INC., and B. E. Fowler, Plaintiffs v. McDOWELL COUNTY, a body politic and corporate; Paul Richardson, Chairman, McDowell County Board of Commissioners; Guy L. Hensley, Vice-Chairman, McDowell County Board of Commissioners; George G. Ellis, Jane Greenlee, and Ned L. McGimsey, Members, McDowell County Board of Commissioners; Roni Hall, McDowell County Tax Collector; and Jack H. Harmon, County Manager, McDowell County; all individually and in their official capacities; and Jayvee Publishing Company, a partnership, Defendants.

Court of Appeals of North Carolina.

March 3, 1981.


Attorney(s) appearing for the Case

Goldsmith & Goldsmith by C. Frank Goldsmith, Jr., Marion, for plaintiffs-appellants.

Carnes & Little by Stephen R. Little, Marion, for defendant-appellee Jayvee Pub. Co.

Story & Hunter by Robert C. Hunter, Marion, for remaining defendant-appellees.


HEDRICK, Judge.

Plaintiffs, by their first and third assignments of error, contend that the trial court erred in admitting evidence of the unpaid distribution of The Old Fort Dispatch and in relying upon such evidence in its findings of fact and conclusions of law. Plaintiffs argue that G.S. §§ 1-597 and 105-369(d) require that the newspaper publishing the notice of the tax lien sale must be one of "general circulation to actual paid subscribers,...

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