Tag: Richard Rothfelder

Rothfelder on Ruling that HB 2127 is Unconstitutional

I’ve written previously on the new controversial Texas law, HB 2127, dubbed the “Texas Regulatory Consistency Act” by its supporters and the “Texas Death Star Bill” by its detractors. In general, the bill broadly preempts and invalidates local ordinances that are “inconsistent” with State law, including arguably municipal sign codes. […]

Rothfelder On Standing in Billboard Variance Cases

On August 15, 2023, the Arizona Court of Appeals issued an important decision on standing in billboard variance cases. In the case, Arcadia Osborn Neighborhood Association, et al vs Clear Channel Outdoor, Clear Channel was granted by the Phoenix Board of Adjustment five use permits and variances to relocate and convert […]

Rothfelder On Houston’s Lawsuit Over HB 2127

I’ve written a couple times recently in Billboard Insider on the new controversial Texas law, HB 2127, which has been called by its supporters the “Texas Regulatory Consistency Act” and its detractors the “Texas Death Star Bill.” In general, the bill, which becomes effective on September 1, 2023, broadly preempts […]

Rothefelder on Texas HB 2127 and billboards

Check out the following article that appeared in today’s edition of the New York Times. The NYT report on the “Texas Death Star Bill” is HB 2127, the new Texas law that preempts municipal ordinances that are “inconsistent” with Texas statutes. This was one of the two new pieces of […]

Rothfelder On Texas Legislation Affecting Billboards

The regular session of the Texas Legislature, which meets for five months every two years, finally concluded at the end of May. However, several important measures, like property tax cuts, were not completed by the Legislature, so the Governor has called the law makers back for a special session. And, […]

Rothfelder on Government Improvements Obstructing the View of A Sign

A Billboard Insider reader asks: We installed a digital billboard.  The traffic travels east and west in front of the digital billboard on a freeway. Two buildings were constructed along the freeway.  The city required the building owners to plant a greenbelt of trees which will block our digital.   Is there […]

Rothfelder on Expiration and Renewal of Sign Permits

My partners Chris and Mike and I are often asked about the situation where a client secures a permit to erect new sign at a conforming site, but he doesn’t build the sign or otherwise finish the work before the permit expires. Then, when the client attempts to renew the […]

Rothfelder on Adams v Madison

In Appeals Court cites Reagan v Austin in Denying Adams Lawsuit Billboard Insider reported on the Seventh Circuit Court of Appeal decision in Adams Outdoor vs City of Madison, holding that the permission afforded in the Madison Sign Code for digital on-premise signs while denied for off-premise was not content […]

Rothfelders 2023 OOH Legal Predictions

After the 2020 Year of Covid, followed by the Insurance at the Capital and Winter Storm Uri in 2021, 2022 turned out to be a pretty good year for the billboard industry, from a business and legal standpoint. For most of the year, operators and investors enjoyed robust acquisitions of […]

Rothfelder On Right Of First Refusal Clauses (again)

Billboard Insider published an article entitled “A Right of First Refusal Holds Up in Court” its December 14, 2022 edition. As the title suggests,  the article reported on the February 24, 2022 decision by the Michigan Court of Appeals in Adams Outdoor Advertising vs Todd Tarr, which upheld the enforcement […]