Any organization or business seeking to start a new project faces an increasingly complex maze of legal, political, and public relations hurdles.

For nearly 3 decades, Attorney Kenneth N. Margolin, has helped organizations and businesses, get their projects up and running.

Most often success is achieved without litigation. Careful advance planning with the client, meetings with local officials, and the sophisticated use of available laws, usually gets the job done.

When necessary, litigation is pursued. Attorney Margolin has achieved excellent results in numerous court cases over the years.

Below are a sampling of the types of program siting work Attorney Margolin has performed:

Community Programs for Non-Profit Organizations

Attorney Margolin has assisted many non-profit organizations open dozens of community programs since the 1970s. He takes great pride in educating local officials and sometimes wary residents of the rights of the population served by his non-profit clients.

Litigation for Non-Profit Organizations and Businesses

Vermont Supreme Court

The decision in In re Bennington School, Inc., 2004 Vt. 6, 845 A.2d 332, expanded the access of handicapped students in Vermont, to needed community group homes.

Unlawful Statute Struck Down by Superior Court

Local elected officials unhappy about the plans of a school for adolescents with histories of sexual acting out, to renovate and expand, persuaded the Massachusetts legislature to pass a law preventing state agencies from spending money on the school’s plans, despite the fact that they would help the students receive better education and treatment. In Harbor Schools, Inc. v. Commonwealth of Massachusetts, Superior Court judge Nonnie S. Burnes, declared the statute to be in violation of the federal Fair Housing Act, and permanently enjoined it. The Commonwealth did not appeal.

Group Home Litigation

Attorney Margolin has litigated numerous cases involving the rights of group homes for children and adults with various disabilities, to exist in the community. His early cases helped establish fundamental rights to community living for people with disabilities in this Commonwealth. More recently, his victory in Valleyhead v. Town of Lenox, decided in April, 2004 by Judge Daniel Ford, allowed a much needed transitional living home for teenage girls, to expand to its full capacity, superceding a zoning bylaw that restricted the number of unrelated people who could live together, to no more than 4.

Other Cases

Examples of other current cases include Attorney Margolin’s representation of a company intending to operate a construction & demolition solid waste transfer station in western Massachusetts, a private school’s plans to move its operations to Vermont, and the resolution of a wrongful termination action against a corporate client.

Helping businesses and non-profit organizations to expand existing operations and to open new programs, is a major part of my business. In order to inform potential clients about my experience and approach, I have written this informational sheet in question and answer format. Please be sure to call and speak to me personally if you have any additional questions. I would welcome your call.

Q: What is program siting?

A: I define program siting as the construction, expansion, renovation, or establishment of any program or activity, large or small, of the company or organization.

Q: Can you give me some examples?

A: A non-profit corporation opening a group home in the community for its clients, a campus school expanding its facilities, a business opening in a new location, are all examples of what I call program siting.

Q: Why is an attorney important in the process of opening a new business operation or program?

A: Even a seemingly simple business or non-profit activity may involve a confusing maze of local, state, and federal laws and regulations. A mis-step can cost needless delay and money.

Q: What if the project seems straightforward – should an attorney still be retained?

A: A resounding, “Yes.” I have represented many a client who thought that their new business or program would be welcomed by the neighborhood, only to encounter organized opposition. Even the best planning cannot always prevent opposition, but it can allow the client to plan and budget for “worst case” scenarios and greatly enhance the likelihood of ultimate success.

Q: When should a client retain you?

A: At the earliest point in the process – preferably in the planning stage before land has been purchased or work begun.

Q: Why is that?

A: The first order of business after meeting with the client and learning about the project, is to do an analysis of the applicable laws and regulations that may apply. My analysis is pragmatically oriented, with a goal to helping my client understand the rights that the client has to open its new business activity and the obstacles it may face.

Q: Is your approach geared toward litigation?

A: My goal is always to avoid litigation. I help my clients work with municipal officials and neighborhood groups when they are involved. Education and persuasion are the best tools and have the best chance of success if begun early.

Q: What if education and persuasion fail?

A: I have successfully litigated many cases for my non-profit and business clients – before zoning boards, administrative agencies, and in state and federal court.