NEW YORK (AP) - A judge has tossed out a lawsuit aiming to stop a proposed mosque about two blocks from ground zero.

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The American Center for Law and Justice said Monday it plans to appeal the ruling. The conservative legal group filed the lawsuit on behalf of former firefighter Timothy Brown.

The suit challenged the city Landmarks Preservation Commission's decision to let a building be torn down to make way for the mosque. A judge ruled Friday that Brown didn't meet legal criteria to sue over such decisions.

City lawyers say they appreciate Brown's heroism in responding to the Sept. 11 attacks, but that wasn't a basis for him to sue.

The mosque is still in planning stages. The developer's lawyer told The New York Times the court decision was "a victory for America."