Appellate Division of the Supreme Court of the State of New York July 6, 2012 (Mead Square Commons, LLC v. Village of Victor)

Memorandum: Plaintiff commenced this action seeking injunctive relief and a declaration that section 170-13 (C) (1) of defendant’s Zoning Ordinance (Ordinance) is unlawful, invalid and unenforceable. That section prohibits the operation of a “Formula fast-food restaurant” (FFFR) in defendant’s “Central Business District” (§ 170-13 [C] [1] [d]; see Ordinance §§ 50-12, 170-3 [B]).