Indiana judge rules tacos and burritos are Mexican-style sandwiches

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Are tacos and burritos sandwiches? A judge in Indiana thinks so.

The ruling stems from a legal battle that started in 2022, when Martin Quintana, a developer, unveiled plans to open his restaurant, “The Famous Taco Mexican Grill,” on a strip mall in Fort Wayne, Indiana.

The Allen County Planning Commission rejected his bid to open the eatery, citing a written commitment that Quintana had accepted. According to the agreement with a local condo association, only alcohol-free restaurants that did not allow outdoor seating and only sold “made-to-order or subway-style sandwiches” were allowed to open at the location.

The agreement was put in place to keep some national fast-food chains from opening at the strip mall, according to court documents obtained by NBC affiliate WPTA.

But after over two years of legal battles, Judge Craig Bobay from the Allen County Superior Court ruled Quintana’s original plans would be permissible based on the original commitment.

In his opinion, Bobay ruled that “Famous Taco restaurant is permissible under the terms of the original Written Commitment,” and agreeing 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 said the commission can appeal the ruling.

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