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MTR DOWD v. DAWLEY

126 Misc.2d 741 (1984)

In the Matter of James C. Dowd et al., Petitioners, v. Lamson Dawley, as Chairman of the Town of Manlius Planning Board, et al., Respondents.

Supreme Court, Onondaga County.

October 22, 1984

Attorney(s) appearing for the Case

Edward W. Dietrich, P. C., for petitioners. Mackenzie Smith Lewis Michell & Hughes for respondents.

JOHN R. TENNEY, J.

Petitioners seek a review of a refusal by respondents for approval of a plan to construct a McDonald's restaurant on its premises in the Town of Manlius. In 1974, petitioner Dowd obtained a zoning change from the Manlius Town Board from "Restricted Agricultural" to "Commercial District A".

The zoning change was subject to a number of "covenants and restrictions" which coincided with the plan for development submitted by Dowd...

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