Post Tagged with: "legal"

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· · 0 comments · 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 Court of Common Pleas Judge Chryssa N. Hartnett reversed the City of Alliance Board of Zoning Appeals and immediately rescinded the stop-work order.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· · 0 comments · 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· · 0 comments · 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· · 0 comments · 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· · 0 comments · Business

Outdoor Legal: Obey Your Non-Compete

It’s common for a buyer of outdoor advertising assets to ask a seller not to compete in the outdoor advertising business within a geographic area related to those assets.  Usually a portion of the purchase price is allocated to the non-compete.  Corey v Clear Channel Outdoor shows how expensive if is to violate a non-compete. In December 1997 Corey Outdoor agreed to sell a billboard plant in Atlanta to Clear Channel Outdoor for $43.7 million.  The sale included a non-compete clause, […]

by billboardinsider· · 0 comments · Business

California Cities and Counties Can Regulate Billboards in Unincorporated Areas

The following press release is provided by Best Best & Krieger LLP . NOVEMBER 10, 2016 The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision that carries major implications for the California billboard industry, the Second District Court of Appeal clarified in Arthur D’Egidio v. City of Santa Clarita that municipalities may enact billboard regulations that are more stringent than the Act and that a city may abate billboards in an […]

by John Weller· · 1 comment · Regulations

Outdoor Legal: The Perils of Takedown Clauses

Sometimes leases require a billboard to be removed within a certain period of time if a property is sold and the new owner wishes to terminate the lease.  Sign Ad v Triple O Investments demonstrates that you need to honor that clause if you wish to salvage your board in the event of a sale.  Here are the facts: SignAd, Inc. a Texas outdoor advertising company signed a lease with Sigmor Corporation.  The lease granted SignAd the right to put […]

by billboardinsider· · 0 comments · Business

Texas Asks Court to Reconsider Billboard Decision

Chron reports that the Texas Attorney General’s Office has filed a motion to reconsider the Third District Court of Appeals Sept decision which threw out most of the Texas Highway Beautification Act on grounds that it violated the first amendment.  Harris County, the Texas Municipal League and Scenic Texas have filed or plan to file briefs supporting the states request. The appeal contends that the Texas Court’s original ruling could threaten $330 million federal highway funding and asks the court […]

by billboardinsider· · 0 comments · Regulations

Outdoor Legal: A Written Lease Beats Claims of Verbal Agreements

Insider has written before about the importance of having a good written outdoor lease or easement as a defense against a landowner with a fuzzy memory.  Franklin Outdoor v James Hovanetz demonstrates that a written outdoor lease trumps a landlord’s claims of a verbal agreement. In 1978 Franklin Outdoor signed a written lease for $200/year to put up a 10 by 40 billboard.  The agreement had a 10-year term with an option for Franklin to renew for an additional 10 […]

by billboardinsider· · 0 comments · Business