The Fergus Falls City Council Prepares for Legal Action Against The Daily Journal

Discussion of legal action against The Daily Journal. (City of Fergus Falls YouTube Channel)

Fergus Falls, MN – During last Tuesday’s (January 21st) Fergus Falls City Council meeting, the Council set in motion legal action against The Daily Journal to determine whether the publication qualifies to be the City’s legal publication.

Ward 3 Council Members Al Kremeier and Mike Mortenson continued to spearhead questioning The Daily Journal‘s legitimacy following major formatting changes the company made to their publication at the beginning of this year.

Per state law, Council Member Kremeier suggested the City petition the district court for a declaratory judgment to determine whether the newspaper remains qualified and is operating properly under the laws of legal publications.

At the previous Committee of the Whole, Councilmember Mortenson, owner of Mortenson Outdoor Sign, asked The Daily Journal‘s Publisher Ken Harty if he would be opposed to bringing the issue to court. Harty said, “I would be opposed to that. We meet all these statutes and we always have. We’ve been a legal newspaper for over 150 years, so no, I’d be opposed to that.”

When Councilmember Kremeier pressed the issue, Harty added, “We have proved our point. The authority on this is the Minnesota Newspaper Association and the Secretary of State. In conjunction with that, I was referred to Mark Anfinson, the attorney for MNA, who handles all such requests. This is the proof.”

Kremeier said at Tuesday’s Council meeting, “Why would you not want to prove that you are correct, if you’re so confident? It’s very simple to me. If you can prove yourself correct by going to a judge and pleading your case, then we’re good with it. I don’t understand that thinking.”

City Attorney Rolf Nycklemoe told the Council that this legal process could take months, and would likely cost the City over $5,000 in legal costs and fees.

Following the discussion, the City Council voted on two actions. The first unanimously established The Daily Journal as the City’s legal publication for 2025. The second action was a resolution for the City Attorney to draft a petition for a declaratory judgement. That resolution passed 5-2, with Councilmembers Kvamme and Kilde both opposing the action.