By Richard Rothfelder In the August 29th edition of Insider, I discussed the Texas administrative rules making process, including how the Texas Transportation Commission is incorporating recently passed legislation on new and grandfathered sign heights into its rules. The Texas Administrative Procedures Act (“APA”) encourages public participation and transparency throughout […]
Insider has previously published articles about the on-going legislative and administrative processes for establishing new and grandfathered heights for signs in Texas, including in the June 5, 2017, February 26, 2018, and May 30, 2019 editions. The most recent development was the passage in the 86th Texas Legislative Session of […]
Insider’s Note: Richard Rothfelder is a Partner at Rothfelder & Falick and a frequent and welcome legal contributor at Billboard Insider. During the last few days of its term, the US Supreme Court decided on June 21, 2019 an extremely important case, for both the outdoor advertising industry and Supreme […]
By Richard Rothfelder, Rothfelder and Falick Insider has published articles on providing prospective buyers of property encumbered by signs and leases with actual and constructive notice of the outdoor advertiser’s interests and including notice of the right of first refusal in billboard leases. Insider brought to my attention a […]
Prior to the enactment two years ago of Texas Transportation Code Section 391.038 by the 85th Legislature, there was no Texas or Federal law governing the height of signs. There is still no Federal law on sign height, but the Texas Legislature passed effective September 1, 2017 Section 391.038, which […]
By Richard Rothfelder, Rothfelder and Falick Insider published an article summarizing the 1998 Missouri Court of Appeals decision in Superior Outdoor Advertising vs Snadon, which provides some helpful guidelines for the collection of delinquent accounts. Insider has visited this important, and unfortunately common, problem confronting the outdoor advertiser previously, including […]
The IBOUSA Spring Conference is scheduled in Savannah, GA on May 8-10, 2019, and once again, Chris Cowlbeck and his staff have planned a fun and educational event. As usual, we can expect to see an outstanding mix of vendor tables, interesting seminars, networking opportunities, and fun dinners and other […]
Billboard Insider reported yesterday on the Texas House Transportation Committee hearing on HB 3368 seeking to establish a 42.5’ maximum height on new billboards. I attended the hearing, and testified on behalf of several clients that the proposed legislation should be rejected as unconstitutional. Here’s the backstory. Prior to the […]
I found yesterdays article on “New York’s Billboard Barge Conflict” very interesting. And, while I don’t pretend to be an expert in maritime law or New York zoning, this conflict is right up the alley of several cases I’ve handled for the owners of traditional billboards erected originally out of […]
Last week Insider published an article by Richard Rothfelder titled “Make Lease Renewal Clauses Consistent.“ Rothfelder has litigated a lots of issues over lease renewal rights, including those that afford the right of the lessee/billboard company to renew the lease on like terms at their sole discretion. We’re reprinting below […]
