A judicial tax foreclosure may extinguish an out of home lease but can’t extinguish an out of home easement. That’s the lesson of OUTFRONT Media vs CHHC, Inc. and Five Star Outdoor, LLC. Here are the facts. Eastside Outdoor, LLC. (“Eastside”) entered into a lease agreement with CBS Outdoor to […]
Out of home leases have an implied duty of good faith and fair dealing. That’s the lesson of Stephan Business Enterprises vs Lamar. Here are the facts. Foster and Kleiser entered into a lease to put a billboard on property in Cincinnati, Ohio owned by Howard Schwartz. The lease contained […]
Make billboard lease termination dependent on your opinion of economic feasibility. That’s the lesson of M-59 Joy vs Lamar Advertising. Here are the facts. In 2008, Lamar Advertising entered into leases for 2 billboards in Michigan on land owned by M-59 Joy, LLC. The leases had a 10 year terms […]
An ad contract is binding on you as well as your out of home client. That’s the lesson of National Advertising vs Wilson Auto Parts. Here are the facts. In April 1985 Wilson Auto Parts (“Wilson”) signed a 3 year contract to advertise on a 12′ by 36′ billboard owned […]
The usual out of home industry legal practice is to record a memorandum of lease as opposed to the full lease in order not to disclose proprietary details to competitors or other landlords in a market. A Billboard Insider Reader asked “Is there potential for a lawsuit if a new […]
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 […]
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 […]
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 […]
On September 25, 2023 the Indiana Supreme court ruled in favor of Reagan Outdoor Advertising in a sign rebuild dispute with Noblesville, Indiana. Here are the facts of the case. Reagan owned a non-conforming billboard in Noblesville. The Noblesville ordinance required non-conforming billboards to be kept in good repair and […]
Morgan & Morgan law firm billboards defaced: Or were they? https://t.co/KycCcWhNps — Florida’s Talk Leaders (@realFlaTalkLead) September 7, 2023 There was quite a bit of buzz in the Florida market as it appeared that several Morgan & Morgan billboards were vandalized. When the Tampa Bay Times reached out to the […]
