An Indiana judge has settled a legal dispute over a Fort Wayne strip mall by declaring that tacos and burritos qualify as “Mexican-style sandwiches.”
The conflict arose when Martin Quintana, the developer of Quintana Plaza strip mall on Jefferson Boulevard in Fort Wayne, entered into a written agreement with the Covington Creek Condominium Association.
The agreement aimed to prevent fast-food restaurants from opening in the block of stores. It allowed for the opening of “made-to-order” sandwich shops, with examples such as Subway and Jimmy John’s, but specifically prohibited “traditional fast-food restaurants such as McDonald’s, Arby’s, and Wendy’s.”
Additionally, the agreement stated that any permitted restaurants could not offer outdoor seating, drive-through service, or alcoholic beverages.
The Famous Taco’s Challenge: A Mexican Twist
In 2022, Quintana reached an agreement to open a branch of the locally-owned eatery The Famous Taco in the strip mall. Although the condo association approved an amendment to allow the restaurant, the Allen County Plan Commission rejected it, 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 necessitate amending the original agreement. Bobay’s ruling stated,
“The proposed Famous Taco restaurant would serve made-to-order tacos, burritos, and other Mexican-style food, and would not have outdoor seating, drive-through service, or serve alcohol. 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 further clarified that the original agreement would also apply to made-to-order restaurants offering Greek gyros, Indian naan wraps, or Vietnamese Banh mi.
Despite having equipment and signage in place at the strip mall, the opening date for The Famous Taco has not yet been confirmed.
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