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DORSEY & WHITNEY <br /> A PAWMw3mr WCL®ao PPW"610x"Cov"LA"C"s <br /> 1WC73ESTER,DM <br /> HEW Yo'"' PILLSBURY CENTER SOVTS <br /> liVASSINGT05T, D• C. 220 SOUTH 5=71 STREET BILLINGS <br /> MINNEAPOLIS, 741-"ESOTA 55402-1498 <br /> DZXVE8 (612) 340$600 GREAT FALLS <br /> ]FAX 6m)340-2866 M I S S O V 2.& <br /> OMA` 0Z COUNTY, CA <br /> DES MOINBS <br /> L024D0:7 WHjAAMR.Sam <br /> (6I2j sa0am rA 8 o O <br /> DRUSSELS <br /> January 20, 1994 <br /> Yja FAX <br /> Mr. Thomas D. Burt <br /> City Manager <br /> City of St. Anthony <br /> 3301 Silver Lake Road <br /> St. Anthony MN 55418 <br /> RE: City's Legal Newspaper <br /> Dear Tom: <br /> I have checked the law regarding the requirements for the forms of public <br /> notice to be given under Minnesota Statutes, Section 331A.'05, and have also talked <br /> with Mark Athenson, who is the attorney for the State Newspaper Association. <br /> The statute clearly requires that all notices be "printed in a type face no <br /> smaller than six point with a lower case alphabet of 90 point." The reference to the <br /> six point type face is a reference to the height of the type. The reference to the ninety <br /> point has to do with the spacing and width of the letters. That is, a full alphabet is <br /> required to be 90 points wide on the page. <br /> As I understand it, The Bulletin meets the six point and 90 point <br /> requirements, but The Focus newspaper has only 72 point type face rather than 90 <br /> point. In reviewing the law, I find there are no cases or opinions,interpreting the <br /> statute. On its face, the statute clearly requires 90 point type for any public notices. <br /> After discussing this with Mark Athenson, we both concluded that there was no <br /> flexibility under the statute which would permit smaller type face. You mentioned <br /> that you thought Columbia Heights and Fridley were using The Focus for their <br /> public notices. If so, this would appear to be contrary to the statute. <br /> In discussing the newspaper printing process with Athenson, he saw no <br /> reason why The Focus shouldn't be able to use 90 point type for your public notices <br /> even though they might use smaller type face for the rest of the newspaper. This is <br /> something you should pursue with them. It would seem that with the current <br />