Hurricanes and windstorms can damage billboards. This can create legal issues, especially if you want to rebuild a non-conforming sign which has been damaged by hurricane. City of Webster v SignAd is a legal case in which an out of home advertising company successfully contested a city’s efforts to prevent […]
Insider has learned that the Texas Transportation Commission voted 3 to 2 at an August 31, 2017 meeting to eliminate a proposed change by TxDOT to the state’s billboard regulations which would have removed the 42.5′ height standards for new and relocated billboards. A 42.5′ height limit will be formally […]
By Richard Rothfelder, Rothfelder and Falick A good outdoor lease needs to protect your interests when a landlord terminates a lease. Smith v Outdoor Systems 14-00-00474-CV, 2002 WL 370200 (Tex. App.—Houston [14th Dist.] Mar. 7, 2002, pet. denied) illustrates some end of lease issues. Introduction This is a declaratory judgment action […]
Richard Rothfelder tells Insider that the Texas Legislature has passed two out of home bills. The Texas Legislature has passed SB 2006 in response to the TxDot v Auspro court decision which invalidated the state’s Highway Beautification Laws. The bill is waiting the governor’s signature. The bill revises the States’s […]
By Richard Rothfelder, billboard legal expert and Partner, Rothfelder Falick. Lamar Outdoor Advertising v. Farmers Co-Op Oil Company of Sheridan, 215 P.3d 296 (Wyo. 2009). Introduction Lamar sued a landowner-seller and buyer to enforce a right of first refusal contained in Lamar’s billboard lease agreement. The parties entered into a […]
Lexington, Kentucky city leaders are beginning to evaluate the use of electronic billboards along certain roadways in the central Kentucky community. Kentucky State legislative action provides local governing bodies the authority to move forward with digital boards. Lamar recently met with the Environmental Quality and Public Works Committee. There goal […]
Chron reports that the Texas Attorney General’s Office has filed a motion to reconsider the Third District Court of Appeals Sept decision which threw out most of the Texas Highway Beautification Act on grounds that it violated the first amendment. Harris County, the Texas Municipal League and Scenic Texas have […]
On August 26, 2016, the Texas Appeals Court for the Third District in Austin voided the two sections of the Texas Highway Beautification Act (“HBA”) addressing permits, licenses, enforcement, and regulation on the ground that the Act violated the First Amendment’s protection of Free Speech after the US Supreme Court’s […]
