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Mead Square sued for a declaratory judgment and injunctive relief seeking to set aside and prohibit enforcement of the Village of Victor Code §170-13 prohibiting “formula fast-food restaurants” (FFFR) in the village’s central business district. Mead argued §17-13 was unconstitutional and illegal. Mead purchased certain real property and proposed to replace the current structure with a mixed-use building featuring commercial uses on the ground floor and residential on the second floor. A potential ground-floor tenant was a Subway restaurant constituting an FFFR under §170-13. Mead argued the FFFR prohibition was based on the nature or identity of the owner, not upon the use itself. The village argued §170-13 has a legitimate purpose to maintain the unique village character and vitality of the business district. Contrary to Mead’s allegation, the court found the code was not based on who owned or operated the restaurant as it did not seek to regulate a specific entity. It stated the code was based on neutral planning and zoning principles, and not personal to an individual or entity, thus it was not a prohibited regulation. Hence, Mead’s motion was denied.

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