Appeals court backs Brooklyn development

A federal appeals court gave a green light Friday to a $4 billion project that would bring pro basketball and new skyscrapers to Brooklyn but is bitterly opposed by some local residents.

The 2nd U.S. Circuit Court of Appeals rejected a lawsuit by a group of property owners and tenants. It agreed with a lower court judge who had ruled that the seizure of property for the project under the government's eminent domain power would not be unconstitutional.

The appeals court wrote that financial compensation may not seem adequate to an affected homeowner, "but federal judges may not intervene in such matters simply on the basis of our sympathies."

The 22-acre Atlantic Yards project envisions an 18,000-seat arena for the NBA's Nets and 16 skyscrapers. It is to rise from a stretch near downtown Brooklyn now occupied by a railyard, industrial buildings and some housing.

Its chief backer is Bruce Ratner, the Nets' principal owner, and it was designed by famed architect Frank Gehry.

Matthew D. Brinckerhoff, who argued for property owners opposed to the deal, said he would appeal to the U.S. Supreme Court and, if necessary, would also pursue the case in state court.

"We believe the decision is wrong. And we think it will present an opportunity for the Supreme Court to re-examine the use of eminent domain," he said. "This case is all about their ability to forcibly take my client's property."

Ratner said the decision was a victory for the public good and underscored the importance of "investing in diverse communities."

Under a deal signed by Ratner's development company, at least 2,250 of the new rental apartments will be offered at reduced prices to low- and middle-income families.

Mayor Michael Bloomberg has called the project "the most exciting private development Brooklyn has ever seen."

Ratner announced plans to develop the area in 2003. Three years later, the property owners sued, claiming the development would overwhelm existing neighborhoods and unfairly enrich Ratner.

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On the Net:

Developer: http://www.atlanticyards.com

Opponents: http://www.developdontdestroy.org