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THE WHITLEY WHIZ, INC. v. WHITLEY COUNTY

No. 90-SC-156-DG.

812 S.W.2d 149 (1991)

THE WHITLEY WHIZ, INC. d/b/a The Whitley Republican, Movant, v. WHITLEY COUNTY, Kentucky, By and Through the WHITLEY COUNTY FISCAL COURT, consisting of Jerry F. Taylor, County Judge/Executive, Lonnie Anderson, Magistrate, Don Ashley, Magistrate and William Hamblin, Magistrate and Thomson Newspapers, (Kentucky), Inc., d/b/a The Times Tribune, Respondents.

Supreme Court of Kentucky.

Rehearing Denied August 29, 1991.

Attorney(s) appearing for the Case

James R. Cox, Cecelia T. Allen, Hirn, Reed, Harper & Eisinger, Louisville, for movant.

William Gary Crabtree, London, Robert P. Hammons, Leick, Johnson, Hammons & Brittain, Corbin, for respondents.

OPINION OF THE COURT

We are called upon to construe KRS 424.120(1)(d) and determine its effect upon two competing newspapers which both claim a right to publish the Whitley County Treasurer's Report, a matter required to be published by KRS 424.220. The trial court and the Court of Appeals, relying exclusively on "its published statement of ownership" (KRS 424.120(1)(d)), held that appellee, Thomson Newspapers (Kentucky), Inc., d/b/a The Times Tribune, should...

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