Christian & Small LLP
Developers are accustomed to jumping through certain governmental hoops as a necessary evil, so dealing with issues involving zoning, environmental requirements, covenants, and ordinances limiting use, parking and square footage are not uncommon. You can now add graffiti art concerns to the list causing headaches for developers as a federal court in New York imposed liability against a developer to the tune of $6.75 million for painting over graffiti art on his building as part of a renovation project. Moving forward, an issue for developers to consider will include what precautions must be taken if the project involves removing graffiti art.
Please find attached a PDF summary of this decision, as well as a proposed checklist developers might find useful as they negotiate this issue going forward. The complete article can also be found on the Christian & Small website here: http://csattorneys.com/graffiti-as-urban-blight-or-protected-street-art-developers-face-additional-hurdle-in-exercising-property-rights/