Appeals Court Accepts Atlantic Yards Eminent Domain Suit

During the past week or so, developer Bruce Ratner had finally seemed to have a little wind in his sails as he pushed forward with his $4.2 billion odyssey to build a Nets basketball arena, office towers and thousands of apartments in Brooklyn. The MTA agreed to a sweetheart deal to sell him the Vanderbilt Railyards, and the Empire State Development Corporation [ESDC] brushed off demands that Ratner resubmit his heavily revised plans for another full public review. But now the whole project is back to being embattled, as the state's highest court has agreed to hear the eminent domain lawsuit brought by opponents who say the ESDC is trying to seize private property to benefit Forest City Ratner, not the public. In May, a state appellate court unanimously rejected the lawsuit, and Ratner's attorneys expressed great confidence that the Court of Appeals wouldn't hear the case. At the time, Ratner said, "I’m honestly overjoyed. This is a weight off my back." Now the weight's back on, and, since the court operates on its own timeline, some wonder whether a ruling will be issued within enough time for developer to meet a year-end deadline to secure tax-free arena financing.