REIDSVILLE (AP) — A judge has ruled that the North Carolina United Daughters of the Confederacy can proceed with plans to create a new confederate soldier statue.

The News & Record of Greensboro reports that Surry County Superior Court Judge Moses Massey denied Tuesday an injunction sought by Reidsville’s Historic Preservation Action Committee. The two sides were battling over the creation of a new monument to replace one that had stood at the center of town for more than a century.

The statue was destroyed in May 2011 when a driver said he fell asleep and his truck plowed into the base of the statue.

While the committee wanted to repair the original statue, the UDC wanted to create a new statue and place it in a city-owned cemetery for Confederate soldiers.