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Appeals court OKs Nets arena

Mon, Nov 30th 2009 12:00 am
ALBANY (AP) - New York's top court says the state can use eminent domain to force homeowners and businesses to sell their properties for a massive development in Brooklyn that includes a new arena for the New Jersey Nets.

In a 6-1 ruling Tuesday, the Court of Appeals said the Empire State Development Corp.'s finding that the area was blighted was enough to justify taking the land.

A group of tenants and owners claim it was unconstitutional, that developer Bruce Ratner's proposed $4.9 billion, 22-acre Atlantic Yards project mainly enriches private interests, while the state constitution requires public use for taking land.

Ratner's proposed development includes office towers, apartments and a new arena for the NBA's Nets.