Lewes District Council have ended their legal challenge to Albion's new stadium at Falmer - just 24 hours before they were due to appear in the High Court.
The council's sensational climb down comes a day before were due to attend a preliminary hearing tomorrow afternoon in order to explain to why they were pushing for a full High Court hearing in December.
In legal terms the council have agreed to the terms of a consent order; which in layman's terms allows original yes decision given by John Prescott last October will be quashed and the decision retaken by current Secretary of State Ruth Kelly.
Albion Chief Executive Martin Perry said, "I am very pleased that at last this matter has been resolved. It is no coincidence that just a few hours before they were due to appear at the High Court, Lewes DC have agreed to the terms of the consent order offered to them by the Treasury Solicitor.
"Lewes have argued that they wanted confirmation from the Treasury Solicitor that the Secretary of State Ruth Kelly should give an undertaking that she will consider all the points they have raised when she makes her decision on planning permission for the new stadium.
"The club have always argued that this is unnecessary because as part of the process under the Public Inquiry rules the Secretary of State has to write to the interested parties ask them whether there is anything they wish her to consider before she makes her decision.
In reference to a media release from Lewes District Council, Perry added, "Mr Neighbour may think that our action was "a waste of time and money" but if it had not been for this application to the court I am certain Lewes would not have taken this action
"Lewes knew that they were at risk for costs and it was because of the pressure applied by the club that we can now move on."
Once the consent order has been signed the decision made by John Prescott will be quashed and the decision will be retaken by the Secretary of State.
Kelly has the option to re-open the Public Inquiry, but it's more likely that she will write to interested parties requesting further submissions before making a final decision.
