The Times Journal & Russell County News
Thursday, Apr. 24, 2014 — RUSSELL SPRINGS & JAMESTOWN, KENTUCKY — russellcounty.net
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Court pulls back from previous decision
In March 11 Issue
By Greg Wells
Times Journal Managing Editor

This time the end result was as the county attorney had said it should be. The court took his advice and reversed its decision to name an official publication for legal notices, but it didn't seem it would go that way.

Repeatedly, County Attorney Mark McGaha told the members of the fiscal court that the local paper with the largest circulation is the Times Journal.

Again and again he told them at Monday night's meeting that the options were clear. He said that to remove the county from serious liability and to end a lawsuit the members of the court needed to refute the decision made at last month's meeting when they named another publication as the county's paper of largest circulation.

First, County Judge Mickey Garner tried to block discussion of the matter, saying it would have to be decided in court. The fiscal court members however indicated they wished to hear the county attorney's input.

After about a half-hour in executive session they came out and elected to hear from Times Journal Publisher David Davenport and legal counsel Kin Judd.

The two men explained that law and precedent both fell to the counting of average circulation figures, not single issue figures, in deciding which is the largest paper.

When it was suggested by the other paper's counsel that it was in-county circulation only that should be counted they did the math and again proved that the Times Journal had the larger average circulation when counting only local subscriptions.

Magistrate Greg Popplewell tried repeatedly to enter the conversation, but was interrupted repeatedly by County Judge-Executive Mickey Garner or another member of the court.

Finally he said loudly, "I can get us out of this mess if you'll let me."

He made the motion that the court reverse its previous decision and not name a paper, as recommended by McGaha.

Magistrate Ronald Johnston seconded the motion and the only member of the court to vote in opposition was Garner.

County Attorney Mark McGaha had also advised the court last fall that the "moist" petitions were not proper and that the county was making an expensive error by conducting that election. His advice was vindicated by a judge's decision last week, which voided the portion of the election he had argued against.

Though there are rumors of an appeal in that case nothing has been filed, according to the clerk of the court.

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The Times Journal is a weekly newspaper issued on Thursdays. It was first published on October 13, 1949, by Andrew J. and Terry Norfleet.
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P.O. Box 190
120 Wilson St.
Russell Springs KY 42642
Phone: 270-866-3191
Fax: 270-866-3198
Russell County News is a weekly newspaper issued on Saturdays, and is mailed free to every address in Russell County, Ky. It was first published on February 1, 1913.
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404 Monument Square
Jamestown KY 42629
Phone: 270-343-5700
Publisher:
David Davenport
(publisher@tjrcn.com)
Managing Editor:
Greg Wells
(editor@tjrcn.com)
News & Sports Editor:
Derek Aaron
(sports@tjrcn.com)
Advertising Manager:
Stephanie Smith
(ads@tjrcn.com)
Business Manager:
Kim Haydon
(business@tjrcn.com)
Production Manager:
Renee Daffron
(people@tjrcn.com)
Jamestown Office:
Kim Graham
(rcnoffice@tjrcn.com)
PUBLIC MEETINGS
Members of the public may attend meetings. Boards or agencies may schedule other meetings at special times, but are required to notify the public.
FISCAL COURT: 2nd Monday of month, 6 p.m. in the Courthouse
RUSSELL SPRINGS CITY: 2nd Thursday of month, 6 p.m. in the City Hall Municipal Room
JAMESTOWN CITY: 3rd Thursday of month, 6 p.m. in basement meeting room at City Hall
SCHOOL BOARD: 3rd Monday of month, 6:30 p.m., Board of Education office in Jamestown
LIBRARY BOARD: 2nd Tuesday of month, 5 p.m. at Jamestown Library
AIRPORT BOARD: 1st Tuesday of month, 5 p.m. at Airport
TOURISM COMMISSION: 2nd Wednesday of month, 12:30 p.m. at Tourism Office
CHAMBER OF COMMERCE: 3rd Tuesday of month, noon at The Cove restaurant
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