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November 10, 2011 !Volume 5 I No. 21 Zoning Bulletin <br />Validity of Regulation—Ordinance <br />Prohibits "Formula Fast-Food Restaurants" <br />in Business District <br />Property owner says ordinance unconstitutionally regulates <br />land-use based on the owner <br />Citation: Mead Square Commons, LLC v. Village of Victor, 2011 WL <br />4537068 (N.Y. Sup 2011) <br />NEW YORK (09/30/11)—This case addresses the issue of wheth- <br />er an ordinance prohibiting "Formula Fast-Food Restaurants" is <br />unconstitutional. <br />The Background/Facts: Mead Square Commons, LLC ("Mead") <br />owned real property in the Central Business District in the Village of <br />Victor (the "Village"). Mead proposed a new mixed use building for its <br />property. One of the potential tenants for that proposed building was a <br />Subway restaurant. <br />The Village Code § 170-13 prohibited "Formula Fast-Food Restau- <br />rants" in the Village's Central Business District. "Formula Fast-Food <br />Restaurants" ("FFFRs") were defined as any establishment that is re- <br />2 <br />Contributors <br />Corey E. Burnham-Howard <br />For authorization to photocopy, please contact the Copyright Clearance Center at 222 Rosewood <br />Drive, Danvers,- M4 USA (978) 750 fax (978) 646-8600 or West's Copyright Services at <br />610 Opperman Drive, Eagan, MN 55123, fax (651) 687-7551. Please outline the .Specific material <br />involved, the number of copies you wish to distribute and the purpose or formatofthe 656. <br />This publication was created to provide you with accurate and authoritative information concerning <br />the subject matter covered; however, this publication was not necessarily prepared by persons <br />licensed to practice law in a particular jurisdiction:The publisher is not engaged in rendering legal <br />or other professional advice and this publication is not a substitute for the advice of an attorney. <br />If you require legal or other expert advice, you should seek the services of a competent attorney <br />or other professional. <br />Zoning Bulletin is published and copyrighted by Thomson Reuters, 610 Opperman Drive, P.O. Box <br />64526 St. Paul, MN 55164-0526. For subscription information: call (800) 229-2084, or write West, <br />Credit Order Processing, 620 Opperman Drive, PO Box 64833, St. Paul, MN 55154-9753. <br />POSTMASTER: Send address changes to, Zoning Bulletin, 610 Opperman Drive, RO. Box 64526 St. <br />Paul, MN 55164-0526. <br />WEST® <br />610 Opperman Drive • P.O. Box 64526 • 5t. Paul, MN 55164-0526 <br />1-800-229-2084 • email: west.customerservice@thomsonreuters.com • west.thomson.com/quinlan <br />ISSN 0514-7905 • C) 2011 Thomson Reuters. All Rights Reserved. <br />QuinlanTM is a Thomson Reuters brand. <br />© 2011 Thomson Reuters <br />