SIOUX FALLS, S.D. (AP) — A judge has dismissed a lawsuit over an election that paved the way for a Wal-Mart in south Sioux Falls.

Four homeowners in the neighborhood sued over an April election in which voters approved rezoning the proposed store site from agricultural to commercial use. They claimed misleading ballot language.

Judge Larry Long ruled that the homeowners didn't properly file their lawsuit and that their claims were without merit.

City officials say Long's ruling clears the way for construction of the store to begin.

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