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Zoning Conditions: Mead Square Commons LLC v. Village of Victor

Supreme Court, Ontario County

Zoning Conditions

Personal Conditions

Mead Square Commons LLC v. Village of Victor
Judge Doran

Background: The plaintiff commenced an action for injunctive relief and declaratory judgment to set aside and prohibit enforcement of the § 170-13 of the Village Code as it prohibits “Formula Fast-Food Restaurants” in the Village’s Central Business District. The plaintiff alleges that §170-13 is unconstitutional. The defendant contends that the code has a legitimate purpose to maintain the unique village character and is not based upon “who owns or operates the restaurant.” The parties moved for summary judgment.

Ruling: The court denied the plaintiff’s motion for summary judgment and granted the defendant’s cross-motion dismissing the complaint. The court found that the § 170-13 was not aimed to regulate a specific entity as was determined by the Court of Appeals in Dexter v. Town Bd. The holding of Dexter was not intended to divest zoning boards of their discretionary power to impose reasonable conditions in connection with a zoning decision. It was intended to prohibit personal conditions focused on the person occupying the property rather than the use of the land.

Karl S. Essler of Fix Spindelman Brovitz & Goldman PC for the plaintiff; Reid A. Holter for the defendant