QUEBEC CITY - The two Quebec City men fighting the Quebec City arena management deal are vowing not to give up until a judge annuls the agreement.

The Parti Quebecois sponsored a controversial law to protect the deal between the city and media giant Quebecor from such legal challenges, and it almost tore the caucus apart.

Premier Jean Charest has put off the debate until the fall, and now the men see a window of opportunity.

Alain Miville de Chene and Denis de Belleval are hoping a judge will see it their way - that the NHL is financially precarious, propped up by populist politicians and companies like Quebecor.

Quebecor CEO Pierre Karl Peladeau was clear when questioned last week in committee: he's not paying up front to build the arena, taxpayers are.

Those polled blame a lot of people for delays in construction, including the Charest government. But Transport Minister Sam Hadad said there is no delay.

"There is no any risk for the arena, the construction work can begin any time, we are working on that with the mayor," he said.

The mayor testified it wouldn't make sense to build without Quebecor. He still wants lawmakers to pass the special law, and get these two off his back.

The would-be plaintiffs say the mayor is deliberately mixing separate issues.

"Build the building, and on another track, find the businesses that are going to go in and operate it,"said Miville de Chene.

It doesn't look like shovels will touch dirt this summer. The mayor's office is waiting to see what the provincial government does in September. Meanwhile, the lawsuit grinds forward.