https://mynorthwest.com/3960526/is-a-taco-a-sandwich-kiro-hosts-say-no-but-judge-says-yes/

Are tacos and burritos sandwiches? KIRO hosts say no, but a judge says yes

May 18, 2024, 5:00 PM | Updated: May 19, 2024, 10:57 am

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BY STEVE COOGAN

MyNorthwest Lead Editor

An Indiana judge who declared that “tacos and burritos are Mexican-style sandwiches” has cleared the way for the opening of a new restaurant, delighting a restauranteur following a legal battle.

Martin Quintana, 53, has been trying for about three years to open his second The Famous Taco location in Fort Wayne, a city about 120 miles northeast of Indianapolis.

But the initial written commitment for the development at a plaza Quintana owns limits the business to “a sandwich bar-style restaurant whose primary business is to sell ‘made-to-order’ or ‘subway-style’ sandwiches.”

Quintana said the nearby Covington Creek Association contacted him to say that his The Famous Taco proposal “somehow ran afoul” to that commitment.

He sued the Fort Wayne Plan Commission in December 2022 after it denied his proposed amendment that would specifically allow his restaurant to offer made-to-order tacos, burritos and other Mexican-style food items, The Journal Gazette reported.

Allen Superior Court Judge Craig Bobay ruled Monday that the plan commission acted correctly when it denied Quintan’s proposed amendment. But the judge also found that his request was not needed and he found that the original commitment allows restaurants like the proposed The Famous Taco.

“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.

(http://www.autoadmit.com/thread.php?thread_id=5532788&forum_id=2#47692400)