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 […]
Yesterday’s SignValue article on the Peterpank Diner Properties, LLC and Ram-Pank v. Wawa, Inc and RETLAW 967 generated strong reader interest. Insider decided to seek some additional perspective and reached out to Ricard Marques, an investor and principal in VinylWorks, who through Ram-Pank LLC. was one of the plaintiffs in […]
The visibility of a billboard is defined not just by the surface of the sign, but by the lease and easement protections encumbering the land. That’s the lesson of Peterpank Diner Properties, LLC and Ram-Pank v. Wawa, Inc and RETLAW 967. Here are the facts of the case. Outfront Media […]
Last week the East Lansing City council approved an Amended Settlement and Release Agreement with Adams Outdoor to resolve several matters relating to three Adams lawsuits over digital billboards. The lawsuits were settled in 2019 but the amended settlement agreement addressed open items. The amended settlement includes: One 14′ […]
2022 OAAA Legal Seminar – Save the Date Plan on attending the OAAA Legal Seminar on Tuesday, November 15 – Wednesday, November 16, 2022 at the Ritz-Carlton Pentagon City, 1250 South Hayes Street, Arlington, VA. Registration Fees: $550/person (received on or before Friday, September 30, 2022) $675/person (received beginning […]
What happens when your landlord decides they want to get into your business, voids your permit, refuses to accept lease payments and builds their own billboard The lease decides. That’s the lesson of Frierson v Delta Outdoor. Here are the facts. On January 22 1998 Ethel Frierson agreed to lease […]
