More: The Allen County Planning Commission rejected his bid to open the eatery, citing a written commitment that Quintana had accepted. According to the agreement with a local condo association, only alcohol-free restaurants that did not allow outdoor seating and only sold "made-to-order or subway-style sandwiches" were allowed to open at the location.

The agreement was put in place to keep some national fast-food chains from opening at the strip mall, according to court documents obtained by NBC affiliate WPTA.

In his opinion, Bobay ruled that "Famous Taco restaurant is permissible under the terms of the original Written Commitment," and agreeing 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 said the commission can appeal the ruling.