Just a side note on this it would be the town's responsibility to sue FITX. The town does not own the land they only have a say on how it is to be used. The town would have the ability to stop operations temporarily and take FITX to court if they deem some activity was being performed outside of it's slated use. FITX would technically be the defendent should it come to that. Small difference I'm sure, but there you go.