Legal

Chris Rothfelder on the Importance of Reviewing Title

Billboard Insider’s article discussing the Glorycrest v. Adams Outdoor lawsuit struck home from a transactional perspective. To recap, the Michigan lawsuit led to the invalidation of Adams’s lease of property due to a prohibition on billboards found in a restrictive covenant in a nearly 100 year old right of way […]

Feedback on Glorycrest vs Adams

Last Friday Billboard Insider reviewed a case in which a restrictive covenant in a  97 year old right of way agreement voided a billboard lease.   Lots of comments. An out of home executive says the case highlights the need for a title search and research Adams could have done […]

97 Year Old Right of Way Agreement Invalidates a Billboard Lease

A restrictive covenant in a 97 year old right of way agreement can invalidate a billboard lease.  That’s the lesson of Glorycrest Carpenter Road v Adams Outdoor.  Here are the facts In October 1927 a group of landowners conveyed a Release of Right of Way (“1927 Release”) to the State […]

Billboard Battle Brews on Long Island

Is was February 2021 when Insider first reported that the Shinnecock Indian Nation had publicly refused a state order to cease construction of a second digital billboard on Sunrise Highway on Long Island despite a threat of fines and forceful removal of the tribal structures, arguing the state “lacks authority […]

FINCEN Reporting Off – For Now

Billboard Insider has criticized FINCEN Beneficial Ownership filing requirements which impose new shareholder reporting requirements on small businesses.  The legal status of the rules has been changing day by day. On December 5 a federal judge issued a nationwide injunction against enforcing the reporting requirements.    The reprieve was short-lived. […]

Final Update on the 2024 Outdoor Associations by State

A big shout out to Andy McDonald of the OAAA, who put significant energy into getting us a completed look at each state, whether they have an association and contact information for the states that have an active Out of Home organization. What if your state does not have an […]

Rothfelder on Marijuana Outdoor Advertising

The Fifth Circuit Court of Appeals decided on November 22, 2024 an interesting First Amendment case involving the advertising of marijuana. Here’s the facts: The State of Mississippi passed in 2022 the “Mississippi Medical Cannabis Act,” which authorized the sale and use of marijuana for certain medicinal purposes. The Act […]

OAAA’s Mike Hershey’s Election Recap

We asked OAAA’s Mike Hershey for his perspective on the 2024 elections and what it means for our industry in 2025. Took a few weeks because of some tight races, which finalized this week and who President Elect Trump was naming for key positions.  Below, Mike outlines changes in the […]

The Courts Stop FINCEN Overreach – For Now

Billboard Insider has been critical about the FINCEN Beneficial Ownership Information filing requirements which would impose complicated record keeping requirements on every US small business.  The rules were supposed to have gone into effect December 31, 2024. Some good news.  Out of home attorney Richard Hamlin tells Billboard Insider that […]

Rothfelder & Falick: OOH Legal Review of 2024 and Predictions for 2025

While there were few major cases decided by the US or various state Supreme Courts directly effecting the billboard industry in 2024, the year was full of cases indirectly effecting the industry. For example, the Supreme Court issued a couple of cases that seem to further the judicial and perhaps […]