Out of home attorney Marnie Christine Cody Ware of the Hamlin | Cody Law firm makes an excellent point on the importance of doing research before you write a billboard lease. I read your Tribal Land article and my immediate thought was this. Separate from tribal land, if you intend […]
Take a billboard down when a lease expires or else the structure may be the landlord’s. That’s the lesson of Denny Weikhorst Equipment vs Tri State Outdoor. Here are the facts. In July 1985 Western Outdoor Advertising signed a lease agreement with Roy Smith to erect a 14 by 48 […]
By Richard Hamlin and Marnie Christine Cody, Hamlin|Cody In the same way that a utility company has an easement to run cables or power lines across a private property, a company or individual can permit the construction and display of a billboard on a property. In the billboard industry, a […]
In a July 11 ruling on GEFT Outdoor v City of Westfield the Indiana US Court of Appeals for the Seventh District remanded an out of home dispute back to a lower court to reconsider a verdict in light of Reagan v Austin. Westfield, Indiana denied a request by GEFT […]
By Michael Wardle, General Counsel, YESCO Outdoor Media If you’ve been in the outdoor business long enough, then there’s a good chance you have a received a letter from an attorney representing a landowner that challenges the validity of a ground lease. Such a letter may make one or more […]
A landowner can’t claim that it owns a billboard if creates barriers which prevent you from removing a billboard in a timely manner. That’s the lesson of Kwik Stop v Lamar. Here are the facts. Lamar owned a 30 by 36 static billboard on Kwik Stop property in Indiana. When […]
GEFT has sued the Marion County, Indiana for the third time. GEFT won the first two rounds: a 2016 lawsuit over wrongful termination of a billboard permit and a 2017 law suit which voided the Marion County sign code on first amendment grounds. This time GEFT is challenging the city’s decision […]
Cincinnati has petitioned the US Supreme Court to review the issue of whether a municipal excise tax on billboards abridges freedom of speech. The Ohio State Supreme Court ruled that a billboard tax infringed on the first amendment rights of a small group of speakers. A Maryland Supreme Court ruled […]
Are you liable for damages if a landlord cancels your billboard lease and you put up a billboard nearby which prevents the landlord from putting up a billboard? No, based on U.P.C Inc dba Garco Industrial Park v R.O.A. General, Inc. dba Reagan Outdoor Advertising (“Reagan”). Here are the facts. […]
Today at 10am eastern time the US Supreme Court will hear oral arguments in Reagan v Austin. The court will allow 70 minutes for oral arguments. The Court is reviewing a Fifth Circuit Court of Appeals decision that Austin’s restriction on off-premise digital billboards was a content based violation of […]
