Richard Hamlin and Marnie Cody of the Hamlin|Cody Law Firm gave Billboard Insider excellent feedback on Easements provide more protection than leases against tax foreclosure. California attorney Marnie Cody gives a summary analysis… California law is even more explicit than Michigan. Under CA Revenue and Taxation Code §3712(d) the tax […]
Legal
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 […]
AI in Legal, Not Ready for Prime Time
By Richard Hamlin, Hamlin|Cody Let’s talk about AI in the legal field. We rely on it one area where it is a real time-saver. Otherwise, it is not quite ready for prime time. AI is good at providing an overview of the statutes and cases that apply in your jurisdiction. […]
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 […]
Rothfelder on Oakland’s Regulation of Gun Advertising
Billboard Insider recently brought to my attention a controversial issue involving Oakland’s ordinance designed to regulate and permit firearms, and how it may run afoul of a billboard operator’s right to free speech. The ordinance passed in 1992 states that any person “engaged in the business” of selling or advertising […]
Rothfelder on the IBO Conference and Billboard Law
Well, they’ve done it again! Chris C, Becky, Sarah, and the rest of the crew at IBO have organized a fun, productive, and educational conference in Salt Lake City from April 8 through 11. Chris R and I will attending this year, as Mike has some family commitments. For this […]
Michael Galasso’s 10 Best Practices for OOH Permitting
With over 8,000 local jurisdictions, each regulating signs differently, it can be a challenge to establish effective policies and procedures – especially over large geographic footprints– to facilitate local permitting. Each code is different. While not every permit denial merits a legal challenge, there are some steps that can be […]
Proposed Indiana Marijuana Billboard Ban Dead – For Now
In Indiana Senate Committee OK’s Marijuana Billboard Ad Ban Billboard Insider wrote about an amendment to an Indiana bill which would outlaw marijuana advertising. Indiana permitting and regulatory expert John Kisiel tells Billboard Insider the amendment is dead – at least for now: “Legislative attorneys determined the amendment was […]
Indiana Senate Committee OK’s Marijuana Billboard Ad Ban
The Indiana Capital Chronicle reports that the Indiana Senate Transportation Committee approved an amendment to HB 1390 to ban outdoor advertising for marijuana. Recreational marijuana is illegal in Indiana. The bill’s sponsor complained at a hearing “and we have trucks, mobile billboards, that drive around and sit in front […]
Rothfelder on Lamar vs LaCore and Rights of First Refusal in Billboard Leases
By Richard Rothfelder, Rothfelder & Falick The Texas Court of Appeals, Fifth District Dallas Division, issued a comprehensive and favorable opinion on rights of first refusal, holdover tenancies, waiver, and conversion in billboard leases in the case of Lamar vs LaCore on December 31, 2024. The facts of the case are […]