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The attorney for Town of Hamburg homeowners trying to block construction of a Wal-Mart in the Seven Corners area said Wednesday he will present videotape and other evidence in an effort to persuade a judge to issue a preliminary injunction against the project.

Joseph F. Sinkewicz said he won't be appealing State Supreme Court Justice Joseph D. Mintz's rejection by of a temporary restraining order Tuesday. The action would have barred construction of the 130,000-square-foot store along McKinley Parkway and Big Tree Road.

But he said he will continue to pursue the suit, which seeks a preliminary injunction and will be assigned to another judge for a trial.

"The case is still alive" said Sinkewicz, who described the Mintz ruling as "arbitrary and capricious."

"I don't think we're going to appeal his ruling, we'll just take our chances with another judge," Sinkewicz said.

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