FORT WAYNE, Ind. (AP) — 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 (190 kilometers) 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.