The U.S. Supreme Court has rejected a request to take up a case by property owners and tenants facing eviction by Forest City Ratner's Atlantic Yards development project in Brooklyn.
The decision is the latest in a string of legal victories for the developer, Bruce Ratner, who has faced legal challenges by tenants, property owners, and preservationists.
The petition asked the court to consider the appropriate constitutional limits on the government's use of eminent domain.
The 11-property owner and tenants who served as plaintiffs issued a release yesterday morning pledging to take the case to state court.
"We are, of course, disappointed that the Court declined our request to hear this important case. This is not, however, a ruling on the merits of our claims. Our claims remain sound," the group said.
Mr. Ratner is seeking to build 16 skyscrapers, a new 18,000-seat Nets basketball arena, and thousands of apartments.
In a statement issued yesterday, Mr. Ratner noted that in February the 2nd U.S. Circuit Court of Appeals unanimously ruled in the developer's favor. The appeals court affirmed an earlier decision by the New York Southern District Court, which ruled that the use of eminent domain for the Atlantic Yards project does not violate the public good.
"We believe, and the courts have repeatedly agreed, that Atlantic Yards provides significant public benefits, including thousands of affordable homes and much-needed jobs for Brooklyn," Mr. Ratner said. "We are gratified that the Supreme Court has decided to put an end to this lawsuit. The opponents have now lost 20 court decisions relating to Atlantic Yards, and we are now one step closer to making these benefits a reality for the borough and the city."