NY court hears challenge to development that requires land-taking, includes Brooklyn arena

Top NY court hears challenge to arena land-taking

ALBANY, N.Y. — Homeowners and businesses resisting the forced sales of their properties for a massive development in Brooklyn have told New York’s top court it’s unconstitutional for a state agency to order them out.

In oral arguments Wednesday at the Court of Appeals, a lawyer for owners and tenants says Bruce Ratner’s proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests. Ratner is the New Jersey Nets’ principal owner and wants to build a new arena for the team, plus office towers and apartments.

The Empire State Development Corp. says the area was blighted, and the project is a legitimate government use of eminent domain to take property for public purposes.

Lower courts have upheld the project. A ruling is expected next month.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

ALBANY, N.Y. (AP) — Homeowners and businesses resisting the forced sales of their properties for an arena and real estate development in Brooklyn will tell New York’s top court that it’s unconstitutional for a state agency to order them out.

The Court of Appeals is hearing oral arguments Wednesday afternoon over developer Bruce Ratner’s proposed $4.9 billion, 22-acre Atlantic Yards project. The project includes a new arena for the New Jersey Nets, office towers and apartments. Ratner is the Nets’ principal owner.

Businesses and homeowners are challenging the Empire State Development Corp.’s power to force them out. They say the state constitution authorizes the use of eminent domain for public purposes, not enriching others.

Lower courts have upheld the project.