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PROPOSED WAL-MART SITE STAYS IN CITY, PANEL RULES

City officials want to welcome a Wal-Mart Supercenter to their tax rolls.

A three-member judicial panel recently dismissed the petition to transfer the site of the former LaSalle High School on Military Road to the Town of Niagara.

"We're very pleased with the report," City Attorney Richard Zucco said. "They agreed with us on just about every important issue, and they rightfully reported the petition should be denied."

Benderson Development Co. is set to erect a 550,000-square-foot building on the 50-acre site, bordered by the town on three sides.

The developer favors returning the property near Prime Outlet Mall to the town. It had been transferred to the city in the late 1950s before construction of the school.

Town officials said they sought the return of the land because its development and storm runoff would affect the town, not the city.

"I don't see any official caring about the Town of Niagara residents who live in that area," Supervisor Steven C. Richards said.

The Town Board currently is considering an appeal of the ruling.

In the panel's 12-page report, the members who are acting as an agent for the 4th District Appellate Division of State Supreme Court in Rochester, decided annexation is not the way to resolve such problems, Zucco said.

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