Tag: legal

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 […]

The Texas Highway Beautification Court Decision and Its Aftermath

On August 26, 2016, the Texas Appeals Court for the Third District in Austin voided the two sections of the Texas Highway Beautification Act (“HBA”) addressing permits, licenses, enforcement, and regulation on the ground that the Act violated the First Amendment’s protection of Free Speech after the US Supreme Court’s […]

Outdoor Legal: Advertising Contract Names Matter

Most of the time the names on an outdoor advertising contract are scribbled in at the last minute. The names on the contract matter immensely when it’s time to collect. Here’s an interesting case involving Adams Outdoor.

John Dangerfield opened a restaurant called Johnny’s Suzuki in South Carolina in 2005. The restaurant was managed by a company called Johnny’s Enterprises, Inc.
John Dangerfield signed an outdoor advertising contract with Adams Outdoor on behalf of Johnny’s Suzuki.

Outdoor Legal: Property Owner Liable For Outdoor Worker’s Fall

Get billboard insurance and make sure your billboards are up to code.  In April 2016 a New York Court of Appeals found that a property owner was liable for injuries a worker sustained while adding extensions to a billboard.  You can read an analysis of the case in Insurance Journal. […]

Texas Appeals Court Voids Part of Texas Highway Beautification Act

Citing Reed v Gilbert the Texas Court of Appeals Third District this week voided two sections of the Texas Highway Beautification Act because they place content-based restrictions on free speech.  The sections which were severed from the Texas Highway Beautification Act included: Subchapter B – Regulation of Outdoor Advertising Generally […]

Outdoor Legal: Proof of Performance Matters

Do your ad contracts require you to provide proof of performance?  Make sure you you comply with proof of performance terms or you may not be able to collect.  Here’s a fascinating outdoor advertising proof of performance case. Bacci Pizza Group signed an advertising contract in 2009 with the Illinois […]