Leyton Orient will today appeal against the decision to reject their bid for judicial review into the decision to allow West Ham United to move into the Olympic Stadium.
The club's bid was rejected last Thursday with judge Mr Justice Davis telling them they had no grounds for a review.
A statement on the club's website on Friday said: “Further to the decision by the High Court to deny Leyton Orient leave to review the decisions by the OPLC (Olympic Park Legacy Company) and London Borough of Newham, the club will be seeking advice from it's solicitors as to whether it will seek an oral hearing in respect of either or both decisions.
“The club continues with its Judicial Review against the Government and arbitration over the Premier League's decision to allow West Ham United to move to the Olympic Stadium without taking into consideration the adverse effect on Leyton Orient.”
Having consulted with their solicitors, the club have now decided to appeal the decision.
Orient chairman Barry Hearn, said: “We are today lodging oral submissions.”
He added: “We believe we have a strong case.”
The club are concerned about the implications of having the Hammers moving closer to them, fearing the loss of support at the club.
Orient's Matchroom Stadium home, which seats 9,271 supporters, lies within a mile of the Olympic site, closer to the Olympic Stadium than West Ham's Boleyn Ground.
The club fear the implications of suggestions the Hammers could offer free or heavily discounted tickets when they move into their new home.
Hearn made it clear this was not a compensation claim, but an appeal made in order to protect the future of Leyton Orient.
“We need to make it clear we are not in favour of West Ham moving into the Olympic Stadium – it's not about compensation.”
He added: “We are trying to stop West Ham getting the Olympic Stadium.”
Orient will now submit oral evidence for their case in a bid to halt West Ham's move, with the date for such a hearing potentially coming as early as next week.
The hearing could also be held in front of a different judge.
“We made it quite clear from the beginning, the move by West Ham threatens the very existence of Leyton Orient,” said Hearn.
“I suppose if every council in the country was able to loan their football club £40m we wouldn't have an objection.”
The £40m refers to a loan agreed by Newham Council to help finance West Ham's move to Stratford.
And the Orient chairman was bleak in his forecast for the club if their appeal is unsuccessful.
“I believe in the medium term it will eventually put Leyton Orient out of business.”
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