Residents argued that the project’s public uses were illegitimate. The $4 billion Atlantic Yards project calls for an 18,000-seat arena for the Nets professional basketball team, a 180- room hotel, at least 16 high-rise apartment and office buildings, and eight acres of open space. The project site includes the Atlantic Terminal Urban Renewal Area, as well as surrounding areas developed by commercial and residential structures. The project calls for the Empire State Development Corporation to condemn private land for the project by eminent domain. 5 CityLand 16 (Feb. 15, 2008).

Brooklyn residents filed a lawsuit in federal court, arguing that the proposed condemnation would not serve a public use because it would benefit private developer Forest City Ratner. (more…)