A visiting judge in Smith County has denied the restraining order filed today that attempted to stop a vote on beer and wine sales in Tyler.

Two Tyler residents, Delores Radford and Richard Langham, had hired attorney Matthew Thigpen to file an injunction against the election. The group claimed all the signatures on the petition to call the election needed to be verified.

Judge John Ovard requested Judge Andrew Kupper review the documents and make a decision on the injunction.

The election for Propositions 1 and 2, which would allow beer and wine sales in Precinct 2 in Tyler, will continue as scheduled Tuesday.

Here's our story from earlier today:

The City of Tyler and Smith County are named in a lawsuit filed Monday morning in Smith County 7th District Court challenging the signatures on a petition calling for the legal sales of beer and wine in the City of Tyler and Smith County Justice of the Peace Precinct 2.

The suit filed on behalf of two citizens, Delores Radford and Richard Lanham, are challenging the verification of signatures on the alcohol petitions and the method the City of Tyler and Smith County officials used to verify those signatures.

Members of The “Buy Local First Committee” that gathered the more than 11,000 signatures ,calls today’s action by the opposition a last ditch effort, and both the City of Tyler and Smith County officials took all the legal steps required by the Texas Election Code in verifying the names placed on the petition.

Click here to read the entire lawsuit.