FOLLOWING A FOUR HOUR HEARING IN SPALDING SUPERIOR COURT, MONDAY, CHIEF JUDGE CHRIS EDWARDS RULED THAT THE UPSON BEACON IS THE LEGAL ORGAN OF THE COUNTY FOR 2011. THE THOMASTON TIMES, LEGAL ORGAN FOR DECADES WAS SEEKING A TEMPORARY RESTRAINING ORDER TO RETAIN THE LEGAL ADS, SOMETHING THAT GENERATES OVER $50,000 ANNUALLY IN REVENUE. THE ATTORNEY FOR THE THOMASTON TIMES, TIM SHEPPARD OF GRIFFIN CONTENDED THE BEACON DID NOT QUALIFY BECAUSE IT DID NOT MEET THE TIME FRAME OF 75% PAID CIRCULATION FOR TWO YEARS. HE BASED SOME OF HIS ARGUMENTS ON THE TESTIMONY OF PROBATE JUDGE GARY HAMBY WHO SAID THE THREE CONSTITUTIONAL OFFICERS WHO HAVE A VOTE, THE PROBATE JUDGE, THE SHERIFF AND THE CLERK OF COURT, TOOK A VOTE ON NOVEMBER 12TH. JUDGE HAMBY VOTED TO STAY WITH THE THOMASTON TIMES, SHERIFF DON PEACOCK AND CLERK OF COURT TERESA HARPER VOTED FOR THE BEACON, ALTHOUGH THE CLERK TESTIFIED THE SHERIFF CHANGED HIS MIND AFTER THE NOVEMBER 12TH VOTE, BUT AFFIRMED IT IN A LATER MEETING. SHERIFF PEACOCK DID NOT ATTEND THE HEARING, JUDGE EDWARDS SAID HE WAS SEEKING TREATMENT FOR A CAROTID ARTERY PROBLEM. ATTORNEY SHEPPARD ARGUED THE NOVEMBER 12TH VOTE WAS THE DATE OF DESIGNATION BUT JUDGE EDWARDS RULED IT WAS DEC. 3RD, WHEN THE CLERK AND SHERIFF INSTRUCTED THE COUNTY ATTORNEY TO DRAW A LEGAL AD TO RUN IN THE THOMASTON TIMES DESIGNATING THE BEACON AS LEGAL ORGAN FOR 2011. THE JUDGE SAID DEC. 3RD OR THE DATES THE LEGAL AD RUN ARE THE DATES OF DESIGNATION. THE ATTORNEYS FOR THE BEACON, JOHNNY CALDWELL JR. AND MARK IRVIN TOLD THE JUDGE THE BURDEN WAS ON THE THOMASTON TIMES TO PROVE THE BEACON DID NOT QUALIFY, BECAUSE THE TIMES TOOK THE LEGAL ACTION.
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