 The stadium's planning permission was quashed in April |
Proposals for a new football stadium at Falmer in East Sussex will be contested in the High Court in December. Lewes Council is continuing a legal fight which began after John Prescott's approval of the plans in October 2005.
Planning permission was withdrawn in April when Mr Prescott's department admitted an error had been made.
The council said it had not had assurances that all its representations would be noted when the new secretary of state re-considered the plans.
Councillor Neil Commin said: "We know that the issues will be sorted out once and for all as the High Court will look at each of the points in our challenge and decide whether or not they are justifiable."
The case is scheduled to be heard on 5 and 6 December.
The planned new stadium is for Brighton and Hove Albion FC.
Government solicitors
Falmer Parish Council, the South Downs Society and the cabinet of Lewes District Council had unanimously decided their joint legal challenge should go to court.
Mr Commin added: "Because the government solicitors were unable to confirm that all points of our evidence would be considered by the secretary of state in reaching a decision we have had to continue our challenge in the High Court.
"We remain open to avoiding the court hearing if government solicitors give the assurance we have requested."
Planning permission was quashed by the Office of the Deputy Prime Minister after a mistake was made in referring to all of the proposed site being located in the "built-up area" of Brighton and Hove.