Indiana Superior Court Judge Bobay ruled on Monday that tacos and burritos qualify as Mexican-style sandwiches. The ruling settled a dispute between restaurateur Martin Quintana and the Allen County Plan Commission over the type of establishment allowed in a strip mall.
Quintana had initially faced opposition from the commission due to a prior agreement limiting the strip mall to restaurants serving only “made-to-order or subway style sandwiches.” However, Judge Bobay determined that this restriction did not exclude Mexican-style sandwiches.
“The Court agrees with Quintana that tacos and burritos are Mexican-style sandwiches, and the original Written Commitment does not restrict potential restaurants to only American cuisine-style sandwiches,” Bobay wrote Monday in the civil case.
Quintana’s Famous Taco, already equipped and signed, may soon open in the mall, pending further legal proceedings.
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The dispute stemmed from Quintana’s attempts to develop the property, originally zoned for residential use, into a commercial space. Despite ongoing legal battles, the court’s ruling allows Famous Taco to proceed, though the commission’s denial of an amendment remains in place pending appeal.
In his ruling Monday, Bobay did not fault the plan commission for its denial of the Famous Taco and made sure his decision is appealable.
“The Court concludes that the Respondent Fort Wayne Plan Commission’s denial of the Amendment to the Written Commitment was not improper, however, a Famous Taco restaurant is permissible under the terms of the Written Commitment,” Bobay wrote
