The Corridor 44 Civic Association plans to appeal Volusia Circuit Court Judge Edwin P.B. Sanders' ruling to the 5th District Court of Appeal in Daytona Beach, FL.

The activists' main argument will center on the retailer's plans to build the estimated $12.5 million store among 200-year-old oak trees and other endangered botanical species and wildlife on State Road 44, one mile from an existing Wal-Mart.

Wal-Mart sued the county after elected officials rejected the retailer's construction plans in June 2001 on grounds the store wasn't compatible with the surrounding wetlands area. Wal-Mart officials couldn't be reached at GlobeSt.com's publication deadline. But Volusia area brokers, intimate with the retailer's plans, tell GlobeSt.com "there is a possibility Wal-Mart may look for another site, given the amount of local opposition to the project."