November 2012 Archives

New Court of Appeal Opinion Concerning Sign Rights Highlights Need for Diligence on the Part of Billboard Companies

November 18, 2012

By Matthew Hinks

The billboard wars rage on. In the latest battle, the court in West Washington Properties, LLC v. California Department of Transportation narrowly interpreted a provision of the Outdoor Advertising Act ("OAA"), which provides a rebuttable presumption of legality to advertising displays erected for more than five years without Caltrans enforcement, rejected equitable defenses and dismissed at the pleading stage plaintiff's inverse condemnation claims. The opinion should be a wake up call for companies engaged in or considering transactions involving the transfer of sign rights.

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New Ninth Circuit Opinion Finds Regulatory Takings Claim Fails Where Economic Impact of Manufactured Home Park Zoning Ordinances Was Minimal

November 1, 2012

By Matthew Hinks

A new opinion from the Ninth Circuit out of the State of Washington -- Laurel Park Community, LLC v. City of Tumwater -- offers an interesting application of the Supreme Court's regulatory taking jurisprudence.

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