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.
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