Tag: Richard Rothfelder

Billboard Legal: Mitigating End of Lease Costs

By Richard Rothfelder, Rothfelder and Falick Fairway Outdoor Advert. v. Edwards, 197 N.C. App. 650 (2009). Introduction Sometimes you must pour a huge cement foundation to anchor a billboard and a landlord then paves, landscapes, or builds around your billboard. In those cases, the cost of removing the concrete foundation […]

Texas Court Moots Auspro Challenge

By Richard Rothfelder, Rothfelder and Falick Introduction On April 6, 2018, the Texas Supreme Court granted TxDOT’s Petition for Review and without hearing oral argument, issuing a formal opinion, or considering the merits of the case, vacated the judgments of the Court of Appeals and trial court (which ruled the […]

Rothfelder on a Successful Takings Case

You may have redress if a city misinterprets sign rules to get you to take down a sign.  Richard Rothfelder of Rothfelder and Falick talks here about City of Houston v. De Trapani, a successful takings case he litigated against the city of Houston. Introduction The City of Houston (the […]

Rothfelder on Unilateral Lease Renewal Provisions

Last week Insider discussed automatic renewal clauses in billboard leases.  Insider asked billboard attorney Richard Rothfelder of Rothfelder & Falick to review the legal issues associated with automatic renewal clauses.  Rothfelder handled several cases involving unilateral and perpetual lease provisions. Introduction If a lease grants the Lessee the unilateral power […]

Vinyls Needed For Harvey Victims

By Richard Rothfelder, Partner, Rothfelder and Falick I hope you survived Hurricane Harvey with minimal loss. My family was very fortunate to have avoided any meaningful damage. However, not all were so lucky, including the thousands of victims that suffered catastrophic wind damage to their homes and businesses in the […]

Outdoor Legal: Repairing Signs Damaged By Storms

Hurricanes and windstorms can damage billboards.  This can create legal issues, especially if you want to rebuild a non-conforming sign which has been damaged by hurricane.  City of Webster v SignAd is a legal case in which an out of home advertising company successfully contested a city’s efforts to prevent […]

Texas Transportation Commission Against Removing Billboard Height Restrictions.

Insider has learned that the Texas Transportation Commission voted 3 to 2 at an August 31, 2017 meeting to eliminate a proposed change by TxDOT to the state’s billboard regulations which would have removed the 42.5′ height standards for new and relocated billboards.  A 42.5′ height limit will be formally […]

Make Sure Your Lease Spells Out An End Game

By Richard Rothfelder, Rothfelder and Falick A good outdoor lease needs to protect your interests when a landlord terminates a lease.  Smith v Outdoor Systems 14-00-00474-CV, 2002 WL 370200 (Tex. App.—Houston [14th Dist.] Mar. 7, 2002, pet. denied) illustrates some end of lease issues. Introduction This is a declaratory judgment action […]