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Indiana judge finds ‘tacos and burritos are Mexican-style sandwiches’

May 17, 2024 By: Darrian Johnson

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Martin Quintana, a 53-year-old restaurateur, has been trying to open his second The Famous Taco location in Fort Wayne, Indiana, for about three years.

However, he faced a legal battle due to a written commitment for the development at a plaza he owns, which limits the business to “a sandwich bar-style restaurant whose primary business is to sell ‘made-to-order’ or ‘subway-style’ sandwiches.”

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The nearby Covington Creek Association informed Quintana that his proposal for The Famous Taco “somehow ran afoul” of that commitment.

In response, Quintana 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.

In a recent ruling, Allen Superior Court Judge Craig Bobay sided with Quintana, stating that “tacos and burritos are Mexican-style sandwiches, and the original Written Commitment does not restrict potential restaurants to only American cuisine-style sandwiches.”

This decision has cleared the way for Quintana to open his second The Famous Taco restaurant in Fort Wayne.

Quintana, who came to the U.S. from Mexico in 1988, expressed his relief and excitement about the legal battle being over.

He started his journey as a farm worker in California before entering the restaurant business in Michigan, Chicago, and finally settling in Fort Wayne in 2001. He already operates another restaurant in the city.

The new family-owned The Famous Taco restaurant is expected to open in two to three months.

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Similar to his other location that opened nearly seven years ago, customers will be able to choose their preferred toppings for tacos, burritos, or tortas assembled by the eatery staff.

Quintana emphasized that tortas, which are made with bread, are also considered sandwiches.

 

The Associated Press contributed to this article.

About the Author

Darrian Johnson

Darrian Johnson is an experienced, conservative journalist who values facts (not feelings). Originally from Missouri, when he's not traveling for fly fishing, Darrian lives in Maryland.

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