A Milford, Connecticut billboard company is trying for the third time to get approval to erect a digital billboard along I-95. Opponents complained that the digital billboard will cause light pollution and trotted out a ten year old Swedish study that found that digital billboards are distracting. You need to […]
California out of home attorney Richard Hamlin had this comment on Rothfelder on Unrecorded Leases and Constructive Notice. Early in my OOH career, I asked my client why they did not record their leases. He said it became too much of an administrative burden to deal with requests to release […]
Billboard Insider has published numerous articles, including in its Guide to Leases, Easements, and Real Estate, advising that the prudent billboard operator should record his ground lease, or at least of memorandum of the lease. By officially recording in the county real property records, the operator insures the world has […]
It seems like everyday there’s a new mass shooting, whether its Uvalde, Buffalo, Parkland, Sandy Hook, and on and on. And, just as predictably, there’s more and more talk about gun control legislation. Especially in these tragic times, everybody appears to have an opinion under the Fourth Amendment, namely whether […]
In a Billboard Insider article yesterday, GEFT Outdoor’s Jeff Lee was optimistic that he’ll win litigation against the City of Westfield even though Reagan v Austin seems has eliminated his ability to challenge Westfield’s sign code on the basis of differing treatment of on-premise versus off-premise signs. The issue has […]
In a July 11 ruling on GEFT Outdoor v City of Westfield the Indiana US Court of Appeals for the Seventh District remanded an out of home dispute back to a lower court to reconsider a verdict in light of Reagan v Austin. Westfield, Indiana denied a request by GEFT […]
We had a number of comments from yesterdays’ article, by Richard Rothfelder, on Lamar vs TxDOT including the following post from Richard Hamlin of Hamlin Cody based in California. State officials have two types of duties, ministerial and discretionary. A discretionary duty gives the official room to interpret facts and […]
The Texas Court of Appeals, for the 14th District in Houston, issued its opinion on May 12, 2022 in Lamar vs Texas Department of Transportation, holding that TxDOT has sovereign immunity against Lamar’s claims that it’s “officials interpreted the rules incorrectly when more than four years after Lamar last paid […]
According to a survey published this week by the Insurance Research Council two-thirds of Americans believe attorney advertising increases the number of liability claims and lawsuits. Almost as many – 59% – link these ads to higher insurance costs. “The public sees a connection between attorney ads and the cost […]
A construction clause allows a landowner to terminate a billboard lease if construction of a new building requires the removal of a billboard even if the billboard is outside the building’s footprint. That’s the lesson of Burkhart Advertising v Lowes Home Center. Here are the facts. In June 1999 Carl […]
