Homeowners and businesses resisting the forced sales of their properties for a massive development in Brooklyn told New York's top court today that it's unconstitutional for a state agency to order them out.
The Court of Appeals will hear oral arguments Wednesday over developer Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project. Ratner wants to build a new arena for the New Jersey Nets, office towers and apartments.
Some businesses and homeowners are challenging the Empire State Development Corp.'s power to force them out, saying the state constitution authorizes the use of eminent domain for public purposes, not enriching others.
Lower courts have upheld the project.
A ruling is expected next month.