By Richard Rothfelder, Rothfelder and Falick Introduction On April 6, 2018, the Texas Supreme Court granted TxDOT’s Petition for Review and without hearing oral argument, issuing a formal opinion, or considering the merits of the case, vacated the judgments of the Court of Appeals and trial court (which ruled the […]
Some terrific responses to yesterday’s 12 Musts for an Out of Home easement. Jim McLaughlin, Link Media I think you are missing a couple of things on the easement. You want the right to pay any unpaid property taxes to keep the property from getting sold at a tax auction, […]
By Richard Rothfelder, Rothfelder and Falick The Texas Transportation Commission has been holding public hearings, considering comments from stakeholders, and otherwise considering amendments to TxDOT’s administrative rules governing federally assisted highways for the last several months. The primary reason cited by TxDOT for the rules amendments was to make them […]
Insider has a lot to be thankful for this Thanksgiving. To Shelli Bergren, Real Estate Representative, Outfront Media for being our first subscriber. To Dave Harris at Las Vegas Billboards for being our most recent subscriber. Dave is subscriber 1,135 in case you’re counting. To Nancy Fletcher and the […]
By Richard Rothfelder, Partner, Rothfelder and Falick I hope you survived Hurricane Harvey with minimal loss. My family was very fortunate to have avoided any meaningful damage. However, not all were so lucky, including the thousands of victims that suffered catastrophic wind damage to their homes and businesses in the […]
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 […]
