Dunham v. Clayton

Three newspapers were to be designated official newspapers for Poweshiek County for the year 1986 pursuant to Iowa Code chapter 349. Under that chapter the papers with the larger bona fide circulation would be so designated. The positions of the largest two newspapers in the county are uncontested. Two small newspapers struggling for the third designated official newspaper position are the parties to this action. The Brooklyn Paper claimed to have 1153 subscribers. The Free Press claimed 1094. After several contested hearings, the county board of supervisors finally named The Free Press as the official county newspaper for 1986 on February 16, 1989. The Board decided The Free Press had 1094 bona fide subscribers and The Brooklyn Paper had 1067. The Brooklyn Paper appealed to the district court.