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MEAD SQ COMMONS v. VICTOR, NY.

106515

33 Misc.3d 876 (2011)

930 N.Y.S.2d 431

2011 NY Slip Op 21346

MEAD SQUARE COMMONS, LLC, Plaintiff, v. VILLAGE OF VICTOR, NEW YORK, Defendant.

Supreme Court, Ontario County.

Decided September 30, 2011.

Attorney(s) appearing for the Case

Fix Spindelman Brovitz & Goldman, P.C. ( Karl S. Essler of counsel), for plaintiff. Reid A. Holter for defendant.

OPINION OF THE COURT

CRAIG J. DORAN, J.

Plaintiff has brought this action for declaratory judgment and injunctive relief seeking to set aside and prohibit enforcement of section 170-13 of the Village Code of the Village of Victor to the extent that it prohibits what are defined as "Formula Fast-Food Restaurants" in the Village's Central Business District. Plaintiff alleges that this particular section of...

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