Tacos are ‘Mexican-style sandwiches’, Indiana judge rules

An Indiana judge resolved a legal dispute surrounding a Fort Wayne strip mall by ruling that tacos and burritos “are Mexican-style sandwiches.”

Martin Quintana, the developer behind the new Quintana Plaza strip mall on Jefferson Boulevard in Fort Wayne, entered into a written agreement with the Covington Creek Condominium Association that was intended to keep fast food restaurants from opening in the block of stores.

The agreement allowed for the opening of “made-to-order” sandwich restaurants, with Subway and Jimmy John’s listed as examples, but barred “traditional fast food restaurants such as McDonald’s, Arby’s and Wendy’s.”

The agreement also prohibited any allowed restaurants from offering outdoor seating, drive-through service or alcoholic beverages.

Quintana struck a deal in 2022 to open a location of locally-owned eatery The Famous Taco in the strip mall, and the condo association approved an amendment to allow the restaurant, but the Allen County Plan Commission rejected the amendment, citing the earlier written agreement.

The dispute was brought before Allen Superior Judge Craig J. Bobay, who ruled that the opening of the Mexican restaurant would not require the original agreement to be amended at all.