DUDLEY Muslim Association’s defence to Dudley Council’s application to buy back land at Hall Street has been thrown out by the High Court.

A judge made the decision yesterday, which has been welcomed by council bosses.

The council lodged the court bid to pursue the buyback clause, which maintained the council was entitled to buy back the Hall Street land, if the mosque was not substantially underway by December 31, 2008.

Councillor Les Jones, leader of the council, said: “We welcome today’s High Court ruling which we hope brings us close to an end of this unfortunate dispute.

“The judge has acknowledged the strength of the council’s case and stated that he would not wish to raise the expectations of the DMA with any future defence they may choose to enter.”

The judge also gave the DMA until December 20 to submit an amended defence.

However council bosses confirmed they would go back to court to get any future amended defences thrown out, which would ensure the matter is resolved without the need for a full High Court hearing, currently scheduled for the end of 2012.

During the hearing the judge also made reference to any future legal action from the DMA could obstruct a practical solution being worked out between the parties.

Councillor Jones added: “We will now continue to work with the DMA to resolve this unfortunate dispute and find an appropriate solution to meet the needs of the whole community.”