A construction clause allows a landowner to terminate a billboard lease if construction of a new building requires the removal of a billboard even if the billboard is outside the building’s footprint. That’s the lesson of Burkhart Advertising v Lowes Home Center. Here are the facts. In June 1999 Carl […]
A pattern of anticompetitive behavior may backfire on you. That’s the lesson of Daisy Outdoor Advertising versus Abbott Company Outdoor Advertising. Here are the facts. Daisy Outdoor erected a legal billboard on real estate property it owned in Gaffney, South Carolina. In addition to the billboard the property included a […]
By Michael Wardle, General Counsel, Yesco Outdoor Media Your attorney is your ally and advocate. Here are six tips for actions that you take to simplify the process of working with your counsel to get the best results: (1) Establish Expectations up front Neither you nor your attorney wants to […]
By Ken Klein, EVP – Government Affairs, OAAA A federal judge in Indiana (nominated by President Trump) issued an injunction against a local sign-variance process as subjective and vague, and therefore unconstitutional. The ruling is a victory for GEFT Outdoor, which sought a digital billboard permit in Monroe County (IN). “The […]
Beware of billboard lease termination clauses which allow the lease to be cancelled on a sale to a third party. That’s the lesson of International Outdoor versus Dix Road. Here are the facts. In 1998 the Donald Golden Trust leased property to Rite Media of Michigan for a billboard. […]
By Richard Rothfelder, Rothfelder and Falick. Billboard Insider reported in its January 22nd edition on rights of first refusal (“ROFR”) clauses in billboard leases. The article also provided a suggested ROFR provision, and recommended using such a clause to prevent Landmark Infrastructure or other unanticipated entities from becoming an unfriendly […]
Carolina Calderon is an Oradell, New Jersey attorney whose firm Law Offices of Carolina Calderon Castro, LLC specializes in advising landlords on billboard issues. Insider asked Calderon to talk about billboard leases from a landlord’s perspective. Carolina, how did you get involved with advising landlords on billboard leases? I became […]
Insider reviewed a permitting dispute between Lamar and Los Angeles County yesterday. Insider wondered whether Lamar took too hard a line. Most readers supported Lamar’s stance. Here are the comments. “I was the GM for Lamar on the entire deal. It’s simplistic and short on facts to imply that after that […]
Make sure your leases binding on successors, heirs and assigns. That’s the lesson of Tavakoli v CBS Outdoor. Here’s a summary of the case. In 1993 National Advertising entered into a lease with Fred Cullincini for the operation of a billboard along Highway 99 in Stockton CA. The lease […]
By Richard Rothfelder, Rothfelder and Falick Fairway Outdoor Advert. v. Edwards, 197 N.C. App. 650 (2009). Introduction Sometimes you must pour a huge cement foundation to anchor a billboard and a landlord then paves, landscapes, or builds around your billboard. In those cases, the cost of removing the concrete foundation […]
