The Allen Superior Court in Indiana recently ruled in Quintana v. Fort Wayne Plan Commission that tacos and burritos qualify as sandwiches.
The case stemmed from a zoning dispute involving Quintana, a commercial developer who wanted to open a Mexican restaurant. Years prior, Quintana, a homeowners association, and the local plan commission agreed on several zoning restrictions to enable commercial use of his property. One key restriction was that restaurants were generally prohibited, except for:
“A sandwich bar-style restaurant whose primary business is to sell ‘made-to-order’ or ‘subway-style’ sandwiches (examples include ‘Subway’ or ‘Jimmy John’s’ but exclude fast food restaurants like ‘McDonald’s’, ‘Arbys’, and ‘Wendy’s’), provided there is no outdoor seating or drive-through service. The sale of alcoholic beverages is explicitly prohibited.”
In 2022, Quintana sought to open a Mexican restaurant named Famous Taco. To address potential violations of the existing restrictions, he and the homeowners association amended their agreement to state that Quintana “may operate a Famous Taco on the Real Estate subject to the conditions originally set out.” However, the plan commission denied this amendment, prompting Quintana to appeal to the Allen Superior Court.
The plan commission maintained that the proposed amendment breached the original agreement’s restaurant ban. But the Superior Court ultimately determined that Famous Taco could operate under the initial agreement since it would serve sandwiches. The court ruled:
“The proposed Famous Taco restaurant falls within the scope of the general use approved in the original Written Commitment. 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.”
My favorite language from the order is:
“The original Written Commitment would also permit a restaurant that serves made-to-order Greek gyros, Indian naan wraps, or Vietnamese banh mi if these restaurants complied with the other enumerated conditions.”
Well written, Judge.
Read the full decision here.
