Dowd v. Dawley

OPINION OF THE COURT

John R. Tenney, J.

Petitioners seek a review of a refusal by respondents for approval of a plan to construct a McDonald’s restaurant on its premises in the Town of Manlius. In 1974, petitioner Dowd obtained a zoning change from the Manlius Town Board from “Restricted Agricultural” to “Commercial District A”.

The zoning change was subject to a number of “covenants and restrictions” which coincided with the plan for development submitted by Dowd.

Petitioners rely on paragraph 1 of the declaration of covenants and restrictions which states that the premises may be used for…