In a unanimous decision this summer, the Oklahoma Supreme Court invalidated the results of a November 2022 lodging-tax election in McCurtain County for failure to follow statutory publication requirements.
Statute Title 19 O.S. 2021 §383 requires questions to the people “to be published at least four (4) weeks in some newspaper published in the county” if there is such a newspaper.
(This story was originally published in the July 2024 issue of The Oklahoma Publisher, the monthly newsletter of the Oklahoma Press Association. It is reprinted here courtesy of OPA.)
Town’s choice of official newspaper upheld in Connecticut
The Connecticut Supreme Court held last month that a newspaper used for decades by the tiny borough of Fenwick to issue its public notices qualified as an official newspaper even though the paper had no subscribers there.
The ruling overturned an appellate court decision invalidating a zoning regulation for lack of sufficient notice because the paper failed to satisfy a state law requiring official newspapers to have “substantial circulation in the municipality.”
Connecticut Supreme Court to hear public notice case
In 2019, the tiny Connecticut borough of Fenwick amended its zoning regulations to limit Airbnb-type temporary rentals of local homes. Two property owners in Fenwick opposed the new regulation so they sued to stop it, arguing the local zoning commission violated the state’s statutory notice requirements. Even though Fenwick published timely, substantively sufficient notice in a local newspaper it had used for decades for that purpose, the trial court found the notice didn’t comply with the state’s public notice law and granted the property owners’ motion for summary judgment.
Trends emerge in public notice bills
It used to be a relatively rare event when a bill remedying errors or omissions in public notice advertising was introduced. Or when legislation authorizing newspaper websites or e-editions to substitute for print was proposed. But those types of measures have proliferated in 2023, along with bills designed to fill jurisdictional holes in news deserts, which have been picking up steam for a few years now.