Dexter v. Town Board

Wegman Enterprises, Inc.,, as contract-vendee, petitioned the respondent Town Board of the Town of Gates to rezone approximately 12 acres of land from an B.-8A residential classification to a B-l commercial classification. The purpose of the rezoning was to permit development of the site as a retail shopping center for a Wegmans Food Market and other stores. After a hearing, the town hoard resolved to rezone the property, hut imposed a series of conditions upon its rezoning. The -most pertinent of the conditions,1 which had given rise to this appeal, is the condition which provides “ [t]hat…