Lindmark Outdoor, a long time Texas-based operator and member of IBO and OAAA, scored a partial victory in a dispute over ownership of a billboard with its lessor, Remington. The fact pattern in Remington Sherman Automotive vs FMG North Texas is familiar, unfortunately, to most operators. Lamar entered a ground lease in […]
Legal
Rothfelder & Falick on TX vs KEM Outdoor & Leasehold Compensation
The Texas Court of Appeals, for the Thirteen District in Corpus Christi, decided a very important condemnation case on billboard leasehold compensation on November 16, 2023. Rothfelder & Falick partners Mike Falick and Chris Rothfelder handled the case for KEM Outdoor, a Texas billboard operator, at the trial and appellate […]
Is Separate Consideration a Must for Lease Rights of First Refusal?
You don’t need separate consideration for a lease right of first refusal to be enforceable. That’s the lesson of Adams Outdoor Advertising v Todd Tarr and Shirley Buchner. Here are the facts. Adams Outdoor Advertising and Shirley Buchner executed a billboard lease in 2008 that contained a right of first […]
Rothfelder’s 2023 Review & 2024 Legal Predictions
The year 2023 was full of legal developments, most of which were dutifully reported by Billboard Insider. For example, as reported in the April 3rd edition, the Fifth Circuit Court of Appeals ruled that Austin’s different treatment for digital on and off-premise signs was constitutional in a 2 to 1 split ruling […]
Can You Take the 5th in a Sign Case?
By Jeff Aran, CSA Counsel Most people know that the Fifth Amendment to the US Constitution provides, among other protections, that no one shall be compelled to give testimony that would tend to incriminate themself. “No person . . . shall be compelled in any criminal case to be a […]
Rothfelder On Being a City Attorney
It sometimes seems like a lifetime ago, but some may recall that I served as the Mayor of Southside Place, Texas, a primarily residential suburb of Houston, for about 16 years. And, during the past decade since retiring from political office I’ve been the City Attorney for Southside. The Firm […]
Get Your Permits or a Billboard Lease May Not be Valid
A failure to get necessary permits may void your rights in a billboard lease. That’s the lesson of Clear Channel Outdoor v Schrem Partnership. Here are the facts: In 1986 Ackerley Communications entered into a 15 year lease to place a billboard on property owned by Schrem Partnership. The lease […]
How to Death Proof Your Out of Home Company
We want to live forever, but we don’t. Some out of home execs who have died recently include Thomas Young, Mitchell Matson, Gene Wingate, Barry Cramer, and Don Davidson. What happens to your out of home company when you die? Here are seven ways to death proof your out of […]
American Outdoor Advertising Files Suit Against Edison NJ Zoning Board
My Jersey Central reports that American Outdoor Advertising has filed suit against the Edison Zoning Board of Adjustment for denying a proposal to build a 100-foot digital billboard facing drivers on the New Jersey Turnpike. American Outdoor presented plans over four Zoning Board meetings from September 2022 to February 2023 […]
Michael Galasso on Out of Home Permitting Issues
Michael Galasso of Robbins Kelly Patterson and Tucker talked about regulatory and permit issues that the recent IBO show. Galasso practices out of home law in Ohio, Kentucky and Indiana. Here are some excerpts from his talk. Getting into out of home I did litigation work. I was assigned to Norton Outdoor […]