Led Davidson Successfully Defends Billboard Ownership
As we drive down highways in Massachusetts, most of us notice, but do not give any thought to, the billboard signs that fight for our attention with advertising. As it turns out, these billboards gained great value when Lady Bird Johnson in the 1960’s was instrumental in the passage of the National Highway Beautification Act.
This Act prohibited new billboards from being erected on highways in an effort to preserve as much of the natural beauty of the landscape as existed at the time. Billboards that were in place at the time were allowed to remain and therefore obtained “grandfathered” status. s is the case with most limited commodities, pricing escalated dramatically for this limited, but valuable marketing resource.
Our client, a family business, was challenged by a sophisticated and experienced local billboard company for control of billboards which have been in the family for forty years. The litigation was conducted on multiple fronts: in two cases before the Massachusetts Superior Court, before the Massachusetts Outdoor Advertising Board, and at the City of Boston’s Inspectional Services Division.
The litigation lasted more than eighteen months before a settlement was reached resulting in the client obtaining a new lease and a new permit to advertise in the face of a challenge to both.
The opposing party was denied requested relief before the Inspectional Services Department and ultimately was forced to drop their claims in the Superior Court.