Jerry McDonald, Shareholder, Author at Pickrel Schaeffer & Ebeling

Home Purchasers – What You Should Know Before Closing!

Jerry McDonald, Shareholder — Thu, 18 Dec 2025 19:17:22 +0000

In early 2024, Summit Sun Investments LLC (“Summit Sun”) filed a lawsuit in federal court against the Montgomery County Board of Commissioners, calling into question Montgomery County’s water service billing practices. The case (Case No. 3:24-cv-00031) challenges the county’s policy of requiring new property owners to pay old water and sewer bills before new service is activated, even when a prior owner accrued those charges.

Summit Sun purchased a property in Dayton in 2023 after conducting a title search, which revealed it was free of liens and utility issues. However, when Summit Sun attempted to transfer water and sewer utility accounts into its name, Montgomery County Environmental Services (“MCES”) would not activate service until a nearly $5,750 delinquent balance from the previous owner was paid. This balance included previous unpaid charges, late penalties, and shut-off fees.

Summit Sun argued that there was no notice of this charge in the public record, and it should not be responsible for someone else’s utility bill. Summit Sun contended that this practice forces new owners to absorb debts they did not incur by withholding essential water and sewage services unless the old bill is paid, which is unlawful and amounts to coercion and a constitutional taking.

MCES argued that the Ohio Revised Code permits county water providers to “adopt, publish, administer and enforce rules for a water supply system” (ORC 6103.02) and Montgomery County enacted certain Rules and Regulations, that provide outstanding water bill delinquencies are the responsibility of the current property owner “even if they were not the owner of the property when the charges were accrued.” Services will not be restored until all delinquent amounts and charges on the parcel are paid.

The case remains pending with both sides filing motions for summary judgment. In the meantime, MCES continues to follow its rules and will not provide water service to a new property owner until any delinquent bills are paid.
When buying property, it is important to know the water service provider and the status of prior water bills, especially if the property currently does not have water service.

Before closing and as a condition of closing, the billing history for water and sewer accounts tied to the property from the seller should be reviewed for balances. This should also be done for all utility providers to check for unpaid balances. Specifically request the title company search for water and sewer delinquencies and pending assessments. If a potential past debt is discovered, negotiate an escrow holdback at closing, requiring a portion of the sale proceeds be set aside until any utility disputes are resolved.

The real estate attorneys at Pickrel Schaeffer and Ebeling can assist you with pre-purchase due diligence, including but not limited to utilities. Contact them today at 937.223.1130 or pse@pselaw.com.

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Verifying Property Use Before Buying

Jerry McDonald, Shareholder — Wed, 16 Jul 2025 14:41:19 +0000

It is not uncommon when purchasing commercial real estate to verify that the intended use is permitted under local zoning regulations. However, zoning laws do much more than describe the permitted uses for real property; the analysis should not stop at confirming that an intended use is permitted.

For example, will the signage that you desire be permitted? Even if the property you are buying has an existing sign from the prior owner, that does not mean you will be able to use it. If the sign is a “non-conforming” sign, it may need to be removed and replaced with a smaller, conforming sign. Other signage provisions may affect your ability to use wall signs or even way-finder signs. Additionally, zoning codes often have separate parking requirements that vary not only by zoning district but also by specific uses. While the existing parking lot may have been sufficient for a previous use, if you have a different use, the parking requirements may be significantly different, requiring you to obtain off-site parking agreements.

A particular parcel may also be in a special “overlay district” that has additional (or different) setback, density, or height provisions from the underlying zoning district. Likewise, there may have been variances or conditional use permits associated with the property that carry specific requirements not cited in the zoning code.

Identifying the zoning for adjacent property can be vital if you plan on future expansion or have a use that may be “inconsistent” with the adjoining landowners.

It is essential to have someone familiar with zoning laws review the applicable provisions before investing in commercial property.

If you plan to purchase property, contact Jerry McDonald at Pickrel, Schaeffer & Ebeling to ensure it can be used as intended. Contact Jerry at gmcdonald@pselaw.com or 937.223.1130.

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Understanding Cemetery and Burial Laws in Ohio

Jerry McDonald, Shareholder — Tue, 10 Dec 2024 20:50:50 +0000

Navigating the laws around cemeteries and burials can be challenging, especially with many rules governing everything from indigent burials to cemetery maintenance. Here’s an overview of Ohio’s key regulations and insights into cemetery management.

Key Laws Governing Cemeteries

Ohio’s Revised Code contains detailed regulations for cemeteries. Highlights include:

Indigent Burial (ORC 9.15): Local governments are responsible for burying or cremating unclaimed bodies or those claimed by disadvantaged individuals.
Township Cemeteries (ORC Chapter 517): Townships manage public cemeteries, ensuring maintenance and proper rules enforcement.
Municipal Cemeteries (ORC Chapter 759): Municipalities can own cemeteries within or outside city limits and must maintain these grounds.
Family Cemeteries: Defined as cemeteries containing remains of family members with a common ancestor.

Facts About Cemetery Management

Township cemeteries must mow the grass at least twice yearly (ORC 517.06).
Townships can sell burial sites at “reasonable prices,” with proceeds directed to cemetery upkeep.
New cemeteries must be 100 yards away from dwellings, while crematories must maintain a 200-yard distance (ORC 517.01, 1721.18).

Indigent Burial Responsibilities

When a body is unclaimed or claimed by a needy person, the township or municipality must arrange burial or cremation. However, if a body is claimed for private interment, costs are the claimant’s responsibility unless they qualify as indigent.

Maintenance Guidelines

Cemeteries are required to provide reasonable maintenance, guided by standards from the Cemetery Dispute Resolution Commission. This includes grass cutting, tombstone re-erection, and general upkeep.

Handling Abandoned Cemeteries

Township trustees can order the discontinuation of abandoned cemeteries, ensuring remains and monuments are respectfully relocated (ORC 517.21).

Archaeological Discoveries

If human remains are found during construction or other activities, work must stop within a 150-foot radius, and authorities must be notified immediately.

Conclusion

Ohio’s cemetery and burial laws aim to balance respect for the deceased with practical management. Understanding these laws is vital whether you’re a township trustee or someone navigating family cemetery rules.

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Trademark Filing Fees Increasing January 18, 2025

Jerry McDonald, Shareholder — Thu, 21 Nov 2024 21:02:47 +0000

Businesses considering filing for a US Trademark will pay higher fees as of January 18, 2025. The base application fee will increase from $250 to $350 per class per mark. Also, suppose the trademark description varies from the USPTO’s list of acceptable goods and services, which is often the case. In that case, there will be an additional $200 surcharge, which increases an additional $200 if the description exceeds 1000 characters (including spaces and punctuation).

There will also be a $100 per class surcharge fee for any incomplete or missing information in an application, which can be costly if the business files an application on their own and omits information. There is no appeal process to contest whether the information provided was technically correct.

If you are considering a trademark, please contact Jerry McDonald at gmcdonald@pselaw.com or 937.223.1130.

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The Future of Planning and Zoning is Here

Jerry McDonald, Shareholder — Wed, 29 Nov 2023 21:23:09 +0000

From the Miami Valley Planning and Zoning Workshop Presentation. Dec 1, 2023

Disclaimer: This is a general summary of certain legal provisions; we are not providing you with legal advice. Rather, we are trying to familiarize you with certain issues that you may run across in conducting your duties. Links below are to third-party websites. We are not responsible for the privacy practices or the content of such Web sites.

Questions? Ask the Presenters…

Gerald L. McDonald

Marcella McHenry

I. Smart Cities

Forbes defines Smart Cities as cities that “apply the latest generation of data-driven analytics to develop software that provides the insight, agility, and automation to help coordinate city management efforts and streamline delivery of services – during everyday operations as well as emergencies.”

Technology has been rapidly evolving, transforming all U.S. cities, where you can get the weather, know the traffic, get community alerts, and find the most accessible transportation routes through one device: your smartphone.

Technology, application, and usage are essential to creating a smart city with the rise of Artificial Intelligence.

Ten Characteristics of a Smart City

Uses data to deliver city services based on where and when they can do the most good.
It creates digital platforms that allow it to use Internet of Things (IoT) data to improve how it builds, maintains, and uses physical infrastructure. (The amount of its IoT data does not define a smart city but rather by its use, how it analyzes and uses the data to improve the quality of life and safety)
Makes public employees smarter in their work.
Enhances the way it listens to and involves the public.
Uses digital tools to operate more equitably.
Addresses sustainability and resiliency.
Protects privacy, security, and transparency.
Acts in real-time.
Focuses on its residents.
Adopts a new culture and organization.

Links of Interest:

II. Battery storage facilities

A battery energy storage system (BESS) is an electrochemical device that collects energy from the grid or a power plant. Then it discharges that energy later to provide electricity when needed.

Different grid-scale applications include lithium-ion, lead-acid, redox flow, and molten salt (including sodium-based chemistries).

The current market for grid-scale battery storage in the United States and globally is dominated by lithium-ion batteries, which are cheaper now due to technological innovations and improved manufacturing capacity.

Talking Points with BESS representatives:

They will need an Ohio Certificate of Environmental Compatibility and Public Need.
Currently In Ohio, such a certificate is for Energy Generation only, not for Energy Storage (but OPSB is still issuing them based on its interpretation of the law).
The facility must be in the public interest and for general convenience and necessity.
Even if it’s a “public utility,” a Zoning Certificate may still be needed.
You may have a right to have a local representative on the Ohio Power and Siting Board Committee.
May need a Road Maintenance Agreement. The county/Township may be able to set up restrictive areas (Ohio Substitute Senate Bill 52)
Get a Decommissioning Plan and Bonding
Eligible for funds for Fire Training
Battery Storage Facilities Map and Statistics (Ohio Power Siting Board)
Ohio Power Siting Board approves state’s first grid-scale battery storage project

III. eVTOL Electric Vertical Takeoff and Landing

Take off like a helicopter but fly like an airplane; have multiple rotors; Most electrical (some hybrids)
Commercial operations in 2025: $6.9 Billion in 2021, $30 billion in 2031
Use low-altitude air corridors
Flown by the pilot in person or remotely, most will be autonomous in the future
Low cost, quiet, low carbon impact, take off/land in a small area

Links of interest:

IV. Federal law preemption

A.A. jurisdiction is generally over 700 feet (pushing for “above the grass”)
Ground Location is local; Air space is federal or state. Air space rules vary by location.
FAA Air Space Jurisdiction

V. ITS NOT JUST AN URBAN THING…

Ohio University and the Ohio Department of Transportation are working to help Appalachian communities prepare and explore opportunities for the region’s business, transportation, medical, and logistical needs.

“The ease of use and expansion of access that we may be able to experience in the next 10-20 years due to this innovation in transportation could be life-changing, especially to those in rural areas like Southeastern Ohio…there are 27 general aviation airports in the 32 Appalachian counties actively supporting commercial, personal, government, and business use. Capitalizing on next-generation aviation would leverage these airports for new economic and community development beneficial to rural Ohio.

Ohio University and the Ohio Department of Transportation are working to help Appalachian Communities

VI. Ohio Aggressively moving to eVTOL

In 2022, Ohio released the nation’s first Advance Air Mobility statewide framework through the Ohio Department of Transportation/ DriveOhio,

OHIO AAM statewide framework

Ohio’s advanced air mobility framework captures the advanced aviation ecosystem, Ohio-specific activities, route planning considerations, and recommendations for vertiport establishment. It provides a strategic map for Ohio to support this emerging industry. “Three use cases that have the potential to drive transportation efficiency and support a robust new aerospace industry in the State of Ohio are:

Cargo / Freight Delivery: Transportation of heavy cargo, freight, small packages, and on-demand commerce from or between airports, distribution centers, manufacturers, and retailers to consumers. Logistics transportation and e-commerce can realize significant efficiencies by leveraging advanced aircraft.

Regional Air Mobility: Regularly scheduled or on-demand transportation between cities more than 50–75 miles apart. Numerous studies found that using advanced aviation by air for short intra-regional trips (from one city center to another nearby city center or city center to a rural area) can save time.

Emergency Services: Advanced air mobility vehicles can facilitate an innovative medical services transportation system, including emergency medical evacuations, hospital-to-hospital patient and equipment transportation, organ delivery, and search-and-rescue operations.”

VII. Vertiports

A. NASA Study

Figure 6 from NASA Advanced Air Mobility Vertiport Considerations: A List and Overview

B. Vertiport Planning Considerations

Environmental Impacts: Noise, Light and Vibration, Migratory Patterns, Dust.
Land Use: Property rights, compatibility, and visual noise.
Connectivity Required: needs to integrate with surrounding public transport services
Utilities: electrical connections; fiber.
Viable site location depends on the eVTOL use (commuter, airport shuttle, points-of-interest, cargo, emergency, etc.)
Military Air Space, No fly Zones (prisons), Airspace classification,
Best location: open field with no airspace restrictions in a dense urban area near other modes of transport with considerable electrical power present. Does this exist?
Existing airports, Heliports, or Rooftops, Industrial land, City fringe, and Regional Destinations,
City rooftops unlikely for some time: hard to get approval, logistics and safety issues of operating in dense urban environments, fire codes, bringing passengers from the ground level to the roof
Retrofitting the building is unlikely: it is not structurally designed for weight, and the need to bring the entire building to current code,

C. FAA and Vertiports

2022 FAA Vertiport Design Guidelines

Geospatial: Dimensions for vertiport touchdown and liftoff areas, additional airspace for approach and departure paths, and load-bearing capacity.
Lighting: Lighting, markings, and visual aids: Guidelines on markings, lighting, and visual aids that identify the facility as a vertiport. The FAA recommends the Vertiport Identification Symbol, as shown in the middle of the graphic below.
Charging and electric infrastructure: Initial safety standards and guidelines for batteries and charging equipment that will be central to vertiports.
On-airport vertiports: Requirements for airports looking to add vertiports to an existing commercial airport, including the distance a vertiport would have to be from a current runway.
Elevated vertiports: Requirements and guidelines for vertiports that may be on top of existing structures.

D. Vertiport Safety

New safety protocols will need to be developed.

Currently, licensed airfields seeking to integrate eVTOLs into their operations should update their existing plans due to batteries stored on-site.

FAA recommends that local governments have zoning protections to protect airspace in and around vertiports. Localized (non-standardized) approaches create less certainty for infrastructure developers across broad operational areas.

Industry stakeholders must work with local regulators on zoning and other regulatory requirements to secure investment, obtain permits (including conditional use as applicable), and begin constructing new facilities.

E. State and Local Government Role in Vertiport Development

FAA recommends that local governments have zoning protections to protect airspace in and around vertiports.

Localized (non-standardized) approaches create less certainty for infrastructure developers across broad operational areas.

F. Local air traffic control

Drone industry technologies have a ground-based detect and avoid a system that can track drones and keep them from colliding with each other, as well as aircraft that operate at lower altitudes, like medical helicopters or crop dusters.

VIII DRONES

FAA Drone Regulations
https://www.faa.gov/uas
Use in urban planning.
Use in zoning violations (privacy and 4th amendment issues)

Delivery Drones

A means of delivering packages and other retail items to customers on small to medium-sized drones

It was created to be more efficient than mail services such as regular mail and FedEx. It is also known to be able to get to harder-to-deliver places.

Examples:

Prime Air integrates drone deliveries and boasts of same-day delivery for thousands of items weighing five pounds or less. The U.K., Italy, California, and Texas (did not quite fulfill the projected goals partly due to the issue of needing help to secure regulatory approval). However, the first company to operate a drone was more significant than 55 pounds.

U.P.S. Flight Forward – aimed to deliver small packages beyond visual line of sight, uses Matternet M2 drones

Wing – Partnership with Walmart and a drone delivery provider powered by Google’s parent company, Alphabet. Dallas/Fort Worth, Texas, users can order items from the Wing Drone Delivery App.

Zipline International, Inc.: Deliver packages around Salt Lake City that fly beyond the operator’s visual line of sight.

FAA Regulations and Other Issues

FAA, Part 135
Certification is the only path for small drones to carry the property of another for compensation beyond visual line of sight.
14 CFR 135 (Code of Federal Regulations) federal sovereignty over American airspace and federal preemption of aviation safety regulations do not preclude state and local regulation of non-federal aspects of aviation. This principle also applies to drones. As long as the focus of a law or regulation is not an aspect of aviation that the F.A.A. actively controls (and not an aviation-related area pre-empted explicitly by federal statutes, such as noise limits), there is plenty of room for state and local exercise of police powers.
Ohio Bar Drones and the Law: What You Need to Know

Current City Regulations on Drones

Must follow F.A.A. rules
R.C. 122.98 created the Ohio Aerospace and Aviation Technology Committee for research purposes.
Several municipal parks have prohibited flying drones (Lorain, Toledo, Butler County).
The City of Celina has banned drones in airspace over all city-owned property.
Cleveland allows police to enforce F.A.A. rules on drones
Other cities limit drones without written permission of officials (Cincy, Butler County Metro Park

Localities and Zoning for Drones cont.

Issues for city planners to focus on:
Current Zoning Regulations: How do local zoning laws and regulations accommodate delivery drones?
Landing Issues: Where should drones land, and how far above ground should they be?
Noise and Environmental Impact
Community support and division over new technology and its placement

IX Artificial Intelligence (AI)

Writing zoning codes
Chat GPT

IBM defines A.I. as “a field combining computer science and robust datasets to enable problem-solving.”

Provides a computer program to have certain humanlike qualities, which include adapting and growing in thought and deciding in algorithms

OpenAI’s ChatGPT is the latest technology, known as a large language model.

ChatGPT allows you to place a prompt, and the app generates a response.

An infamous example was when lawyers used ChatGPT without checking the sources, and ChatGPT made up cases that the judge discovered.

Sources state that ChatGPT will likely not be able to replace the need for city planners as zoning is an intensive and complex task with several legal documents and variables a software cannot all understand

However, it may be helpful as a brainstorming tool or a problem-solving device.

For example, if you have a problem, need a solution, and have variables, you can add to the prompts and try to generate a solution with AI.

Let the Robots write the ordinance

Will ChatGPT Replace Your City’s Zoning Department? Here’s Why We Say No.

*EXAMPLE OF AI ANSWER TO CAN AI DRAFT A VERTIPORT ZONING ORDINANCE

“Drafting a proposed zoning ordinance for airplane taxis in a mid-sized city is a complex and highly specialized task requiring input from legal experts, urban planners, aviation authorities, and local government officials. It’s not something that can be provided in a simple text response.

However, I can provide you with a basic outline of key considerations to include in such an ordinance:

Zoning Districts: – Define specific zoning districts where airplane taxi operations are permitted, such as commercial, industrial, or airport-related zones.
Land Use Permissions: – Specify the types of land uses related to airplane taxi operations, including takeoff and landing areas, maintenance facilities, and passenger terminals.
Height Restrictions: – Establish height restrictions to ensure the safety of aircraft taking off and landing and prevent interference with other structures or airspaces.
Noise Regulations: – Set noise regulations to limit the impact of airplane taxi operations on surrounding neighborhoods and businesses.
Safety and Security: – Outline safety and security measures, including fencing, access control, and emergency response plans.
Environmental Impact: – Address potential environmental impacts, such as emissions, and require operators to adhere to environmental regulations.
Permits and Licensing: Define the permitting and licensing process for airplane taxi operators, including pilot and maintenance certification requirements.
Parking and Infrastructure: – Specify parking facilities, taxiways, and other necessary infrastructure requirements.
Aircraft Types: – Determine the types and sizes of aircraft allowed for taxi services.
Community Engagement: – Include provisions for community engagement and public input in the approval process for airplane taxi operations.
Enforcement and Penalties: – Establish enforcement mechanisms and penalties for zoning ordinance violations.
Revision and Review: – Set up a mechanism for periodic review and revision of the ordinance to adapt to changing circumstances and technologies. Remember, this is a high-level outline, and a comprehensive zoning ordinance would require extensive collaboration with experts and stakeholders. Legal professionals and urban planners should be consulted to create a detailed and legally sound ordinance specific to your city’s needs.”

How does the rise of AI affect smart cities?

Software platforms have combined with AI, namely artificial intelligence (AI) and the Internet of Things (IoT).

These can help cities find solutions for issues in cities.

Smart Meters – IoT sensors that track energy usage to provide energy usage data to optimize energy consumption and save costs

Smart poles – can provide lighting, wireless connectivity, and environmental monitoring, transmitting data instantaneously.

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Text Message Marketing – Do’s & Don’ts

Jerry McDonald, Shareholder — Mon, 02 Oct 2023 16:11:23 +0000

Adverting your business through text communications is an effective, inexpensive, and easy way to market your business. However, there are specific laws and federal regulations dealing with “text blasts” that you need to follow.

Text blasts, technically called Short Message Services (“SMS”) for text only and Multimedia Messaging Services (“MMS”) for text with multimedia components, that are sent for marketing purposes are generally subject to the Telephone Consumer Protection Act. (TCPA) and other regulations. Failure to comply with the laws and regulations may subject you to fines of $500 to $1,500 per text per occurrence. The TCPA provisions deal primarily with SMS/MMS text sent with the intent to sell/market a product or service as opposed to “informational text” when those texts are needed to provide certain services to a customer. Examples of Informational texts include texts that remind customers/clients of upcoming appointments or notice that an ordered product is available for pick up. However, the informational text cannot contain marketing or promotional content to fall into that safe harbor.

While technically, the TCPA applies to telephone calls sent through random dialing systems, the law applies to promotional SMS/MMS that are not randomly sent. To comply with the TCPA, you must obtain “express written consent” before sending promotional SMS/MMS. This is typically accomplished by having the proposed text message recipient “opt-in” to receive the promotional material. Opt-in is getting permission from the recipient to send the marketing text. Potential recipients must know what they are signing up for (e.g., topical updates, sales events, coupons, etc.) and how many texts they can expect if it is for reoccurring texts. Opting in can be accomplished in many ways, but it is important to keep evidence that your recipients have opted in.

In the opt-in process, you must advise the potential recipient that they will receive marketing texts, and their consent to receive the marketing text messages is not a condition for purchase. Once you have permission, you must make certain disclosures, including your business name, the purpose of the text, frequency, a rate notice, and an opt-out such as “reply Stop to discontinuing receiving texts.” You must also have a link to your privacy policy and applicable terms and conditions. Also, you can only send marketing texts between 8:00 a.m. and 9:00 p.m.

Text blasts are an effective marketing tool if you follow SMS legal requirements from the first text and continue implementing them after customers have legally opted into your messages. For more information, contact Jerry McDonald at GMcDonald@pselaw.com or call 937.223.1130.

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How the Property Title is Listed on Your Deed Matters

Jerry McDonald, Shareholder — Wed, 12 Apr 2023 19:47:40 +0000

At Pickrel, Schaeffer & Ebeling, we receive many calls regarding deeds. They range from:

The legal description is incorrect
Release of dower
How the title to the property is listed on the deed

Of the items above, the most common is how the title is listed on a deed; unfortunately, it is generally not discovered until after the person named on the deed has passed. At this point, fixing the problem may require opening a probate estate. Contrary to popular belief, a deed titled “John and Jane Doe, husband and wife” does not mean if John dies first, his interest passes to Jane. It means that John and Jane hold the property as “tenants in common” such that if John dies before Jane, his interest stays in his name until transferred (typically through probate) to his heirs. Even a deed title to “John and Jane Doe as joint tenants” does not mean one party’s interest automatically transfers to the other joint tenant upon the death of the first. Older deeds may title property to the husband and wife as “tenancy by the entireties.” Depending on the date of the deed, this type of ownership may also be a tenant in common ownership.

Finding out you do not own a full interest in your property is not something you want to learn for the first time just before closing on the sale or refinancing of the property.

Check your deed now to ensure it is what you intended. Also, check your parent’s deeds so you do not have to deal with an unexpected situation after it’s too late. In some situations, the parties may want or need to take corrective action. If you have questions regarding your deed, contact Jerry McDonald at gmcdonald@pselaw.com or 937.223.1130.

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Protect Your Brand With A Registered Trademark

Jerry McDonald, Shareholder — Wed, 01 Mar 2023 19:37:22 +0000

In today’s ever-growing world of e-commerce, having a distinct and nationally protected name associated with your E accounts is a must. Once an e-account becomes profitable, unscrupulous people build on that profitability by creating look-alike sites and stealing your businesses. Negative reviews of these “look-alike” businesses can be misinterpreted as negative reviews of your company.

One of the best ways to protect your brand name is to obtain a federally registered trademark. While the process of getting a trademark can take up to a year to complete, a pending trademark application is public record and puts the world on notice of your use of the mark upon filing. If you are interested in getting trademarks for your business, please get in touch with Jerry McDonald at 937.223.1130 or gmcdonald@pselaw.com.

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