Tag: legal

Billboard Easement and Lease Survives a Tax Sale Challenge

Can a billboard easement and lease survive a tax sale challenge?  Yes, according to 3018 Pershall, LLC. vs Outfront Media, LLC. Here are the facts. In 1990 National Advertising signed a billboard lease on land near I-270 in St Louis.  Outfront acquired National advertising in 1997 and entered into a […]

What’s the minimum term you will accept for a billboard lease

When you put up a new billboard you always want the longest possible lease for the ground the billboard sits on.  A long lease gives you a good planning horizon and insures you’ll recover your investment and maximizes the value of the billboard when you want to sell.  Landlords, on […]

A Payment for Relocation Doesn’t Prevent You From Seeking Just Compensation.

Relocation expenses are one thing and just compensation is another.   That’s the lesson of Lamar vs Country Side Restaurant, Inc.  Here are the facts. Country Side Restaurants, Inc. (“Country Side”) owned a 76,000 square foot parcel of land.  It leased a portion of the land to Lamar to construct […]

Easements provide more protection than leases against tax foreclosure

A judicial tax foreclosure may extinguish an out of home lease but can’t extinguish an out of home easement.  That’s the lesson of OUTFRONT Media vs CHHC, Inc. and Five Star Outdoor, LLC.  Here are the facts. Eastside Outdoor, LLC. (“Eastside”) entered into a lease agreement with CBS Outdoor to […]

Parties to an Out of Home Lease Must Act in Good Faith

Out of home leases have an implied duty of good faith and fair dealing. That’s the lesson of Stephan Business Enterprises vs Lamar.  Here are the facts. Foster and Kleiser entered into a lease to put a billboard on property in Cincinnati, Ohio owned by Howard Schwartz. The lease contained […]

Billboard Lease Termination Should Depend on You

Make billboard lease termination dependent on your opinion of economic feasibility.  That’s the lesson of M-59 Joy vs Lamar Advertising.  Here are the facts. In 2008, Lamar Advertising entered into leases for 2 billboards in Michigan on land owned by M-59 Joy, LLC.  The leases had a 10 year terms […]

Ad Contracts Work Both Ways

An ad contract is binding on you as well as your out of home client.  That’s the lesson of National Advertising vs Wilson Auto Parts.  Here are the facts. In April 1985 Wilson Auto Parts (“Wilson”) signed a 3 year contract to advertise on a 12′ by 36′ billboard owned […]

A recorded memorandum of lease reduces legal disputes.

The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market.  A Billboard Insider Reader asked “Is there potential for a lawsuit if a new […]

Rothfelder’s 2023 Review & 2024 Legal Predictions

The year 2023 was full of legal developments, most of which were dutifully reported by Billboard Insider. For example, as reported in the April 3rd edition, the Fifth Circuit Court of Appeals ruled that Austin’s different treatment for digital on and off-premise signs was constitutional in a 2 to 1 split ruling […]