Magavern Firm Partner Aven Rennie Successfully Represents Lodging Owner

 

The owner of a Western New York hotel is allowed to remove foliage that is obstructing the business’s large advertising signboard in Evans, New York near the New York State Thruway, following a hearing at which Magavern Magavern Grimm LLP partner Aven Rennie represented him.

Erie County Court Judge Thomas P. Franczyk ruled that the signboard lease includes an implied term that allows the signboard owner the right to maintain the 10-acre sightline between the signboard and the Thruway in the event that the property owner fails to do so.

Ms. Rennie argued that the signboard would be rendered valueless if blocked by trees, particularly in the summer and fall. She presented expert testimony establishing the fact that thousands of saplings growing in the sightline area had little resale value and were susceptible to the green ash borer, an insect fatal to those trees.

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