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Home Renovation Service Fails to Establish Claims Against Reality TV Show Producers
The U.S. District Court for the Western District of North Carolina decided that a company that provided services for the renovation of homes to be featured on the HGTV series Flip It Forward failed to establish breach of contract and unjust enrichment claims against the TV show's producers. Preservation Professional Services LLC (PresPro) v. M2 Pictures LLC, 3:14-cv-589. PresPro claimed it worked on Flip It Forwardafter being promised it would be featured on the series, which was canceled only a few weeks into production. District Judge Robert J. Conrad Jr. noted in part: “Here, even viewing Plaintiffs' Amended Complaint in the light most favorable to the Plaintiffs, this Court finds that the Complaint does not include plausible allegations that Defendants breached the terms of a valid and enforceable contract.'Plaintiffs do not cite to any cases to support their contentions nor point to specific factual allegations in the Amended Complaint to demonstrate that such a contract was created between the parties.”
The U.S. Court of Appeals for the Second Circuit shot down an equal protection claim by the owner of the upstate New York land on which the original Woodstock festival took place. Abramson v. Gettel, 14-4652. In 2007, Jeryl Abramson and her Yasgur Road Productions entered into a consent order with the Town of Bethel, NY, that required her to obtain special permits for Woodstock reunion concerts she held on her property. Abramson later sued the town after it took no action against G&B Real Property, which hosted similar events in Bethel. But the Second Circuit observed: “G&B is not subject to an agreement similar to the consent order ' Yasgur Farm and G&B's property are governed by different zoning regulations. Yasgur Farm is in an agricultural district that requires a special use permit for any 'open-air concert venues.' G&B operates within the 'G-17B Gateway Commercial District[,]' which may bar recreational activity in the first instance, but G&B may seek a varianceto lawfully host an event at any time.”'G&B is therefore not subject to the same restrictions as Yasgur Farm.”
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