Many out of home leases require lease payments annually in advance. Is prepaid rent recoverable if a lease terminates early? Not unless you have a refund clause. That’s the lesson of Eujoy Realty v Wagner Communications. Here are the facts: In 2000 Van Wagner Outdoor signed a 15 year lease […]
Insider has asked J. Allen Smith to write a series of articles on landmark out of home advertising legal cases. Mr. Smith is a eminent domain and condemnation expert at Settlepou, a Dallas law firm. For more information on Mr Smith, please see Smith’s Settlepou bio. In January Smith discussed Metromedia. Today […]
Did you know that it’s trespass to fail to remove a billboard when your lease expires? That’s the point of Loukas v Clear Channel Outdoor. Clear Channel Outdoor leased a billboard in Chicago from Loukas, Inc from 1990 to 2012. In 2012 the lease expired. Clear Channel Outoor refused to […]
Individual proprietorships account for 167 (6%) of the 2,706 out of home advertising firms in the 2012 US Census as you can see from the following table: 2012 US Census US Out of Home Advertising Firm Legal Structures Insider strongly urges you to switch to an S-Corp or LLC if […]
In their March Legal Report, OAAA Counsel Eric Rubin explores the ties that bind all outdoor advertising companies. A shared interest in the core legal and legislative issues transcends size and geography. OAAA members range in size from closely-held independent companies that serve a limited number of markets to public […]
STARK COUNTY, OH (March 7) – In a victory for maintenance of nonconforming billboards, a court in Ohio overruled a locality that had issued a stop-work order. Court of Common Pleas Judge Chryssa N. Hartnett reversed the City of Alliance Board of Zoning Appeals and immediately rescinded the stop-work order. […]
BizTimes in Milwaukee, WI reports that Clear Channel Outdoor lost an appeal on a challenge to $7.2 million in real estate tax assessments on their 850 billboards. Clear Channel had previously paid the $7.2 million obligation for the years 2009-2013 but had challenged the real estate assessments as invalid arguing […]
Insider has asked Allen Smith to write a series of articles on landmark out of home advertising legal cases. Allen Smith is a eminent domain and condemnation expert at Settlepou, a Dallas law firm. For more information on Mr Smith, please see Smith’s Settlepou bio. Today Smith discusses Metromedia v City […]
The Daily Gazette reports that Lamar has sued Schenectady County, New York for $50,000 in compensation after the county terminated a billboard lease as part of a road widening project. The County offered Lamar $25,000 for the billboard when it purchased the property. Lamar countered at $82,638 and asked for […]
It’s common for a buyer of outdoor advertising assets to ask a seller not to compete in the outdoor advertising business within a geographic area related to those assets. Usually a portion of the purchase price is allocated to the non-compete. Corey v Clear Channel Outdoor shows how expensive if is […]
