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John Dobrzenski had another day in Hamburg Village Court Wednesday and was told to go home.

The East Union Street resident challenged the village's clear plastic bag policy and was convicted of accumulating garbage and using an unsuitable container for it. He was told to appear in court Wednesday so the judge could monitor his compliance.

But the judge who convicted him, acting Justice Timothy Cooper, was not in court. Michael L. Manley was serving as village prosecutor on the Dobrzenski case, and was appointed village justice the day after the trial. Since he prosecuted the case, he cannot act from the bench on it, he said.

"Quite frankly, I don't see any reason to continue this. It seems to me the matter is closed," Justice Manley told Dobrzenski. "You have fulfilled your obligations. There's no question about that."

Dobrzenski said outside the courtroom he still disagrees with the policy requiring clear plastic garbage bags, and does not plan to use them. A trash compactor was donated to him, and he is using it with brown trash compactor bags, he said.

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