The zoning policy for the property prohibits fast food, but allows exceptions for restaurants whose primary business is to sell “made-to-order” or Subway-style sandwiches. A city commission denied the request.

But Famous Taco, Bobay ruled, is allowed at the shopping center because it would serve “Mexican-style sandwiches,” and the zoning policy “does not restrict potential restaurants to only American cuisine-style sandwiches.” Hypothetically, other restaurants that serve made-to-order items, including “Greek gyros, Indian naan wraps or Vietnamese banh mi,” would also be allowed, Bobay wrote in his decision.