Tag: legal

A Right of First Refusal Holds Up in Court

Many out of home leases have a clause allowing the out of home company the right of first refusal to purchase property if it is listed for sale.  Will a right of first refusal hold up in court?  Yes, according to Adams Outdoor versus Todd Tarr and Shirley Buchner.  Here […]

Are You Complying with Sales Tax Laws?

From Jennifer Sloane, Sloane Law Office As I work on closing another purchase agreement for a client, where it was discovered in due diligence that the seller failed to pay applicable sales taxes during its ownership of the assets, I am compelled to write this article in an effort to […]

Record Your Leases

Record your leases.  Record your leases.  Record your leases.   That’s the lesson of Peck v Milford Hunt Homeowners.  Here are the facts. On March 2, 1999 Riverview Chase Associates an entity in which Arnold Peck was an investor, sold a parcel of land in Milford, Connecticut to T&M Homes, LLC.  […]

Federal Appeals Court Says Kentucky’s Billboard Law Undermines Free Speech

A federal appeals court upheld a lower court ruling that Kentucky’s billboard violates constitutional protection of free speech. Bottom line: the US Sixth Circuit Court of Appeals repeated its legal standard. That standard says regulations which distinguish between on-premise and off-premise signs are based on content, and, therefore, violate the […]

Billboard Legal: A Tax Foreclosure Doesn’t Create Billboard Ownership

Acquiring land via a tax foreclosure doesn’t give a company ownership of a billboard.  That’s the lesson of Outfront vs CYA Properties.  Here are the facts: In 1971 OUTFRONT leased vacant land in Wayne County, Michigan to install a billboard.  The lease was renewed several times, most recently in 2009.  […]

Canceling or Declining to Renew? It Matters

Language matters and imprecise language creates legal problems.  That’s the lesson of Seymour versus Lamar Advertising.  Here are the facts Hoosier Outdoor entered into a lease with the Elmore Limited Partnership to put 3 billboards on property in Seymour, Indiana.  The lease was for six years and contained the following […]

OAAA Legal Seminar Dec 10th

  Join us for a seminar designed to update legal practitioners and advocates on the most important litigation and trends facing the OOH industry— moderated by OAAA’s legal counsels Eric Rubin and Kerry Yoakum. The OAAA’s legal talent will cover pending and future legal issues facing out of home media. […]

Beware Termination on Sale Clauses

Many landlords want to terminate a billboard lease on sale of a property.  Ambiguous termination of sale clauses can lead to future disputes.  That’s the lesson of Lamar Outdoor Advertising v Harwood.  Here are the facts. In 1994 Pridemark Outdoor entered into a 10 year lease with a 10 year […]

The Perils of Development Clauses

Many landlords ask for the right to terminate a billboard lease in the event that it interferes with the sale or development of a property.  There are perils in broad development clauses That’s the lesson of Lamar vs By-Pass Partners.  Here are the facts. In the late 1980’s Outdoor Communications, […]

Rothfelder On Letters Of Intent

By Richard Rothfelder, Rothfelder and Falick The Texas Supreme Court recently rendered an opinion in a contract dispute between a couple of major pipeline companies that has a tremendous effect on the way billboard companies do business, as well as on commercial transactions in general. Specifically, in a unanimous decision […]