Brooklyn Arena Green Lighted

The New Jersey Nets crossed one of its last obstacles to getting its Brooklyn arena built when a federal appeals court gave a green light to the Frank Gehry project February 1st.

The 2nd U.S. Circuit Court of Appeals rejected a lawsuit by a group of property owners and tenants facing eviction, agreeing with a lower court judge who had ruled that the seizure of property under eminent domain would not be unconstitutional.

The appeals court wrote: For affected property owners, monetary compensation may understandably seem an imperfect substitute for the hardships of dislocation and the loss of a home or business.

“But federal judges may not intervene in such matters simply on the basis of our sympathies.  Just as eminent domain has its cost, it has its benefits.

The development planned by Nets principal owner Bruce Ratner had been approved by state officials.  The Atlantic Yards project envisions 16 skyscrapers, an 18,000-seat arena for the Nets and thousands of apartments rising from a stretch of Brooklyn now occupied by a rail yard and mostly industrial buildings.

“Atlantic Yards will bring thousands of affordable homes and needed jobs to Brooklyn,” Ratner said.  “We believe, and the courts have repeatedly agreed, that these are real benefits that will have a significantly positive impact on the borough and the city.”

Matthew Brinckerhof, who argued for property owners opposed to the deal, said he would appeal to the U.S. Supreme Court.

“We’re certainly disappointed,” he said.  “We believe the decision is wrong.  And we think it will present an opportunity for the Supreme Court to reexamine the use of eminent domain.  This case is all about their ability to forcibly take my client’s property.”

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.