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WORCESTER, MASS. - A burrito is not a sandwich in the Commonwealth of Massachusetts, a state Superior Court judge here has ruled, clearing the way for a Qdoba Mexican Grill to become the unwelcome neighbor of a Panera Bread bakery-cafe.
The court's decision rejected an attempt by a local Panera franchisee that sought to block the opening of the fast-casual Qdoba outlet in a Shrewsbury, Mass., shopping center. The Panera operator. PR Restaurants, cited a stipulation in its lease that the White City Shopping Center could not permit the opening of any bakery or restaurant that generated more than 10 percent of its sales from sandwiches. PR Restaurants argued that the Qdoba unit would violate that provision.
But Judge Jeffrey A. Locke cited a dictionary definition and "common sense" in deciding against PR Restaurants. Because the lease did not provide an "explicit and broad definition of 'sandwiches' ... this court finds that the term 'sandwich' is not commonly understood to include hurritos, tacos, and quesadillas," Locke wrote.
The Oct. 30 decision was in response to a lawsuit filed by White City Shopping Center to stop PR Restaurants' motion for a preliminary injunction against the tenancy of Chair 5 Restaurants, the Qdoba franchisee for Massachusetts and southern New Hampshire.
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