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Coshocton Tribune Media v. Good Fortune Advertising, LLC

Court of Appeals of Ohio, Fifth District

June 26, 2013

COSHOCTON TRIBUNE MEDIA, A DIVISION OF GANNETT SATELLITE INFORMATION NETWORK, INC Plaintiff - Appellant
v.
GOOD FORTUNE ADVERTISING, LLC DBA THE COSHOCTON COUNTY BEACON Defendant-Appellee

Appeal from the Coshocton County Court of Common Pleas, Case No. 2012CI0117

For Plaintiff-Appellant RICHARD D. PANZA WILLIAM F. KOLIS, JR. RACHELLE KUZNICKI ZIDAR

For Defendant-Appellee STEVEN J. SHROCK Critchfield, Critchfield & Johnston, Ltd. Wickens, Herzer, Panza, Cook & Batista Co.

JUDGES: Hon. W. Scott Gwin, P.J. Hon. John W. Wise, J. Hon. Craig R. Baldwin, J.

OPINION

Baldwin, J.

{¶1} Plaintiff-appellant Coshocton Tribune Media, a Division of Gannett Satellite Information Network, Inc., appeals from the October 11, 2012 Judgment Entry of the Coshocton County Court of Common Pleas granting the Motion for Summary Judgment filed by defendant-appellee Good Fortune Advertising, LLC dba The Coshocton County Beacon.

STATEMENT OF THE FACTS AND CASE

{¶2} The Tribune is a newspaper of general circulation that has been published at least once a week every week continuously since 1909. The Tribune is owned and operated by appellant and, in order to produce revenue, publishes legal notices.

{¶3} The Beacon, which is owned and operated by appellee, is a weekly newspaper. Prior to October 14, 2009, The Beacon was not published weekly. Since October 14, 2009, The Beacon has been published weekly except for the last weeks of December of 2009, 2010 and 2011. In early 2012, The Beacon began publishing legal notices. The Beacon published all 52 weeks in 2012 and stated in the record below that it intended to continue to do so.

{¶4} On March 19, 2012, appellant filed a complaint against appellee seeking a declaratory judgment and injunctive relief. Appellant, in its complaint, sought a declaration that The Beacon was not a" publication of general circulation" as authorized and defined by R.C. 7.11 and 7.12 and injunctive relief enjoining appellee from publishing legal notices in The Beacon until such time as The Beacon complied with the statutory definition of newspaper of general circulation. Appellant also sought costs, expenses and attorney's fees. On the same date, appellant filed a Motion for Temporary Restraining Order, Preliminary and Permanent Injunction. A Stipulated Order relating to injunctive relief was filed on March 28, 2012.

{¶5} Appellee filed an answer to the complaint on May 18, 2012.

{¶6} Thereafter, on July 12, 2012, appellant filed a Motion for Summary Judgment. Appellee filed a memorandum in opposition to the same and a Motion for Summary Judgment on August 22, 2012.

{ΒΆ7} Pursuant to a Judgment Entry filed on October 11, 2012, the trial court granted appellee's Motion for Summary Judgment. The trial court, in its Judgment Entry, found that The Beacon has been "regularly issued at least once a week" since October 14, 2009 and has been published continuously since May ...


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