Matter Robert F. Dexter Et Al. v. Town Board Town Gates

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 R-8A residential classification to a B-1 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 board resolved to rezone the property, but imposed a series of conditions upon its rezoning. The most pertinent of the conditions, which had given rise to this appeal, is the condition which provides "[that] said application for the construction of a retail supermarket by Wegman Enterprises, Inc., and related commercial structures, shall inure to the benefit of Wegman Enterprises, Inc., only, and for that specific purpose only."