Tag: legal

Court Victory for Billboard Maintenance

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 Court of Common Pleas Judge Chryssa N. Hartnett reversed the City of Alliance Board of Zoning Appeals and immediately rescinded the stop-work order. […]

Appeals Court Upholds CCO Tax Assessments

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 […]

Allen Smith on Metromedia

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 […]

Lamar Sues County Over Lease Termination

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 […]

Outdoor Legal: Obey Your Non-Compete

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 […]

California Cities and Counties Can Regulate Billboards in Unincorporated Areas

The following press release is provided by Best Best & Krieger LLP . NOVEMBER 10, 2016 The Outdoor Advertising Act does not preempt local regulation of billboards, a California appellate court has ruled. In a decision that carries major implications for the California billboard industry, the Second District Court of Appeal […]

Outdoor Legal: The Perils of Takedown Clauses

Sometimes leases require a billboard to be removed within a certain period of time if a property is sold and the new owner wishes to terminate the lease.  Sign Ad v Triple O Investments demonstrates that you need to honor that clause if you wish to salvage your board in […]

Texas Asks Court to Reconsider Billboard Decision

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 […]

Outdoor Legal: A Written Lease Beats Claims of Verbal Agreements

Insider has written before about the importance of having a good written outdoor lease or easement as a defense against a landowner with a fuzzy memory.  Franklin Outdoor v James Hovanetz demonstrates that a written outdoor lease trumps a landlord’s claims of a verbal agreement. In 1978 Franklin Outdoor signed […]

Outdoor Legal: Memories Change, Documents Last Forever

Outdoor land leases and easements are long term agreements.  Landowners have a way of forgetting exactly what’s in a lease or easement agreement with the passage of time.  Pocono Realty v Lamar demonstrates how a well written easement can protect you when your landlord has a fuzzy memory. In 1998 […]