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STATESBORO PUB. CO. v. CITY OF SYLVANIA

No. S99A0474.

516 S.E.2d 296 (1999)

271 Ga. 92

STATESBORO PUBLISHING COMPANY, INC. v. CITY OF SYLVANIA.

Supreme Court of Georgia.

May 17, 1999.

Attorney(s) appearing for the Case

Brown & Livingston, Charles H. Brown, Statesboro, for Statesboro Publishing Co., Inc.

Hunter & Hunter, Hugh T. Hunter, Sylvania, for City of Sylvania.

Hull, Towill, Norman, Barrett & Salley, David E. Hudson, Augusta, Long, Aldridge & Norman, Frank T. Davis, Jr., Dow, Lohnes & Albertson, Peter C. Canfield, Sean R. Smith, Edward A. Webb, Walter E. Sumner, Atlanta, amici curiae.

FLETCHER, Presiding Justice.

Statesboro Publishing Company delivers the Penny-Saver, a weekly shopper newspaper, without charge to Sylvania city residents by throwing the paper in yards or driveways. To deal with the litter caused by unclaimed papers, the city enacted an ordinance that prohibits distribution of free printed material in yards, driveways, or porches. The city then sought a declaratory judgment, and the trial court upheld the ordinance as constitutional...

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