Sandwell Council is set for a court battle in the new year to save its secondary schools modernisation programme from the axe.
Along with five other local authorities, the council is challenging the Government's decision to halt BSF projects.
A hearing is due at the Royal Courts of Justice in London towards the end of next month. It is expected to take five days. The exact date has yet to be decided.
The Government sparked dismay in July by mistakenly announcing all of Sandwell's BSF projects could go ahead. In fact, nine projects had been cancelled.
Council Leader Cllr Darren Cooper has held face-to-face meetings with education secretary Michael Gove urging him to reprieve the schools.
He said: "We do not want to take legal action but we have left with no choice by the government's decision.
"If we can get it changed it will be money well spent."
The court is set first to decide whether to allow Sandwell and the other authorities to seek a judicial review.
Two BSF schools are under construction in Sandwell - Smethwick and Rowley learning campuses.
The council is developing plans for a further three schools - Oldbury Campus, Tipton Campus and Wednesbury Campus.
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