Post Tagged with: "legal"

iHeartMedia Creditors Move to Block Debt Restructuring

Reuters reported on Friday the 21st that a group of iHeartMedia lenders have signed a cooperation agreement to oppose the debt overhaul of the largest owner of U.S. radio stations and the parent company of Clear Channel Outdoor. Insider has previously reported  on iHeart and their proposed debt swap. The proposal was originally contingent on a three tier participation scenario providing potential discounts to iHeart on the existing debt of 12-25%, extending the maturity date of the notes and reducing the […]

by John Weller· · Comments are Disabled · Finance

Outdoor Legal: Don’t Prepay Your Lease Unless You’ve Got a Refund Clause

Many out of home leases require lease payments annually in advance.  Is prepaid rent recoverable if a lease terminates early?  Not unless you have a refund clause.  That’s the lesson of Eujoy Realty v Wagner Communications.  Here are the facts: In 2000 Van Wagner Outdoor signed a 15 year lease with Eujoy Realty Corp in to place a billboard on a rooftop in Queens.  The rent of $96,243/year was due annually in advance.  The lease stated “Should this Lease be […]

by billboardinsider· · Comments are Disabled · Business

J. Allen Smith on Cincinnati v Discovery and Ladue v Gilleo

Insider has asked J. Allen Smith to write a series of articles on landmark out of home advertising legal cases.  Mr. Smith is a eminent domain and condemnation expert at Settlepou, a Dallas law firm.  For more information on Mr Smith, please see Smith’s Settlepou bio.  In January Smith discussed Metromedia.  Today Smith discusses two cases which amplified Metromedia. Teaching Metromedia by J Allen Smith Continuing our legal series on the topic of Freedom of Speech and following up on our January […]

by billboardinsider· · Comments are Disabled · Regulations

Outdoor Legal: Not Removing A Billboard At Lease Expiry Is Trespass

Did you know that it’s trespass to fail to remove a billboard when your lease expires?  That’s the point of Loukas v Clear Channel Outdoor. Clear Channel Outdoor leased a billboard in Chicago from Loukas, Inc from 1990 to 2012. In 2012 the lease expired. Clear Channel Outoor refused to remove the billboard and the billboard’s 30 foot deep footings claiming that it owned the sign but that the lease did not specifically say that it had to remove the […]

by billboardinsider· · Comments are Disabled · Business

Limit your out of home liability.

Individual proprietorships account for 167 (6%) of the 2,706 out of home advertising firms in the 2012 US Census as you can see from the following table: 2012 US Census US Out of Home Advertising Firm Legal Structures Insider strongly urges you to switch to an S-Corp or LLC if you are one of the 167 out of home advertising sole proprietorships in the United States.  A sole proprietorship is an unincorporated business owned and run by one individual with […]

by billboardinsider· · Comments are Disabled · Business

Together, Through Thick and Thin

In their March Legal Report, OAAA Counsel Eric Rubin explores the ties that bind all outdoor advertising companies. A shared interest in the core legal and legislative issues transcends size and geography. OAAA members range in size from closely-held independent companies that serve a limited number of markets to public and privately owned members with a broader regional or national focus. Member companies also have differing operating characteristics and priorities that are a function of their ownership structure, the nature […]

by John Weller· · Comments are Disabled · Regulations

Court Victory for Billboard Maintenance

STARK COUNTY, OH (March 7) – In a victory for maintenance of nonconforming billboards, a court in Ohio overruled a locality that had issued a stop-work order. Court of Common Pleas Judge Chryssa N. Hartnett reversed the City of Alliance Board of Zoning Appeals and immediately rescinded the stop-work order. “The Board’s act of implicitly reading into the ordinance terms and limitations not contained therein was improper,” said the judge is a clearly worded 13-page decision. In January of 2016, […]

by billboardinsider· · Comments are Disabled · Regulations

Appeals Court Upholds CCO Tax Assessments

BizTimes in Milwaukee, WI reports that Clear Channel Outdoor lost an appeal on a challenge to $7.2 million in real estate tax assessments  on their 850 billboards. Clear Channel had previously paid the $7.2 million obligation for the years 2009-2013 but had challenged the real estate assessments as invalid arguing that their billboard permits did not fall under the definition of real property. Insider’s take – Two additional items of note include the state law was changed in 2014 to exclude […]

by John Weller· · Comments are Disabled · Regulations

Allen Smith on Metromedia

Insider has asked Allen Smith to write a series of articles on landmark out of home advertising legal cases. Allen Smith is a eminent domain and condemnation expert at Settlepou, a Dallas law firm.  For more information on Mr Smith, please see Smith’s Settlepou bio.  Today Smith discusses Metromedia v City of San Diego. Metromedia, Inc. v. City of San Diego is the first significant First Amendment billboard case before the Supreme Court of the United States. In 1981, the City […]

by billboardinsider· · Comments are Disabled · Business

Lamar Sues County Over Lease Termination

The Daily Gazette reports that Lamar has sued Schenectady County, New York for $50,000 in compensation after the county terminated a billboard lease as part of a road widening project.  The County offered Lamar $25,000 for the billboard when it purchased the property.  Lamar countered at $82,638 and asked for the county to pay the costs of the relocation of the billboard.  The County then notified Lamar it was terminating the billboard lease under a 30 day notice clause. Insider’s […]

by billboardinsider· · Comments are Disabled · Business