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Supreme Court Won't Hear Atlantic Yard Eminent Domain Case

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The U.S. Supreme Court decided not to hear an appeal from local property owners and tenants trying to fight Forest City Ratner's Atlantic Yards project. The group plans to now take the case to the New York Supreme Court.

The U.S. Supreme Court on Monday turned down property owners and tenants facing eviction to make room for a new New Jersey Nets arena. But the property owners said they're not done fighting.

The justices rejected an appeal that was intended to stop development of the Atlantic Yards project in Brooklyn. Eleven property owners and tenants said that using the government's power to take the property, called eminent domain, violates the Constitution because the project would primarily benefit the developer, not the public.

Developer Bruce Ratner wants to build 16 skyscrapers, an 18,000-seat arena for the professional basketball franchise and thousands of apartments. The area currently is occupied by a rail yard, industrial buildings and some businesses and homes.

Ratner, chairman of Forest City Ratner Cos., said he was "gratified that the Supreme Court has decided to put an end to this lawsuit."

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Elaine Misonzhnik

Senior associate editor Elaine Misonzhnik has been writing for National Real Estate Investor since June 2006 and has covered commercial real estate for more than 12 years. She first became...
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