ATTORNEY MARGOLIN IS NO LONGER ACCEPTING NEW COLLEGE DISCIPLINARY CASES. FEEL FREE TO ENJOY THE CONTENT OF THIS WEB SITE THROUGH MARCH 30, 2018.
Zarek v. Attleboro Area Human Services, Inc.; Bristol County Superior Court
This was a trial early in Attorney Margolin's career. The issue at the time had never been ruled upon by a Massachusetts court – whether a residential group home for adults with mental retardation could be situated by right in a residential neighborhood zoned strictly for single-family homes. Our argument to the court was that the Dover Amendment, which exempts educational programs operated by non-profit corporations from zoning restrictions, protected the right of the group home to exist alongside traditional single-family homes. The late (and great advocate for the disabled) Professor Gunar Dybwad of Brandeis University, testified as Attorney Margolin's expert, and persuaded then-Superior Court Judge Kent Smith, that staffed group homes teaching mentally retarded adults, skills of daily living, were protected educational uses. Judge Smith’s written decision – widely circulated by proponents of disability rights – was the first time a Massachusetts court applied the Dover Amendment to group homes for adults