062308ay.jpgToday the Supreme Court declined to hear an appeal by 11 Brooklyn property owners and tenants whose homes and businesses would be razed to make way for the $4 billion Atlantic Yards project. Coincidentally, today marks the third anniversary of the Supreme Court’s narrow 5-4 ruling in the case of Kelo v. City of New London, which affirmed the government’s power to use eminent domain to accommodate private development.

The plaintiffs vowed to file their lawsuit in New York State Court, which could delay the seizure of the land for several more months. Atlantic Yards Report notes that the case is still a long shot for the residents, and wonders if some of them will now be more amenable to a settlement with the developer, Forest City Ratner. Two other lawsuits are still delaying the start of construction on the future Nets arena, which Bruce Ratner promises to start by the end of the year. Or he could just give up and move the Nets to Newark.

Photo courtesy Triborough.