Mead Square Commons, LLC v. Village of Victor

The Village of Victor (defendant) prohibited operation of formula fast-food restaurants in its central-business district under Section 170-13(C)(1)(b) of its zoning ordinance. Section 170-13(C)(1)(b) defined a formula fast-food restaurant as any establishment that was required by contract, franchise, or other agreements to offer at least two of the following: (1) standardized menus or food, (2) ready-to-consume food, (3) food sold in disposable containers or wrappers, (4) food from a limited menu, (5) food sold for immediate consumption, or (6) food for which the customer pays before eating. The purpose of the regulation was to maintain Victor’s unique village character, the vitality of commercial districts, and the quality of life for residents. Mead Square Commons, LLC (Mead Square) (plaintiff) owned property in the central-business district and sought to rent commercial space for use as a Subway restaurant. A Subway restaurant qualified as a formula fast-food restaurant under Section 170-13 and was thus prohibited in the central-business district. Mead Square filed an action in the trial court for injunctive and declaratory relief to invalidate Section 170-13. Both Mead Square and Victor cross-moved for summary judgment. The trial court granted Victor’s motion for summary judgment and dismissed Mead Square’s complaint.