In a ruling which has raised eyebrows among sandwich connoisseurs, a judge in Fort Wayne, Indiana said plans to open a taco restaurant did not breach a commitment to only serve “‘made-to-order’ or ‘subway-style’ sandwiches”.

The dispute related to an agreement struck between the operators of a shopping centre and local residents which preceded a planning decision allowing restaurants to open in the centre, WISH-TV reports.

The agreement explicitly stated that a Subway restaurant could be allowed to open, but not a “traditional fast food restaurant” like McDonald’s.

However, a judge said there was nothing in the agreement to stand in the way of Quintana opening a proposed taco restaurant.

“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,” Judge Craig J. Bobay said.