NBA's Nets Get A Win - In, Not On, The Court - In Brooklyn Battle

November 24, 2009: The NBA'S New Jersey Nets are doing much better in the court than they are on the court. And this victory may or may not be the final hurdle the franchise needed to clear to officially begin its trek from New Jersey to Brooklyn.

On Nov. 24, the New York State Court of Appeals ruled that the state could employ eminent domain to take over 22 acres of land in Brooklyn, a majority of which is within the Atlantic Yards property that Forest City Ratner Companies plans to use for a new arena, retail stores and housing. Bruce Ratner, CEO and chairman of Forest City Ratner Companies, said that construction and other logistics would put the Nets in the Barclays Center in the 2011-2012 season.

Barclays, which has exclusive naming rights, and eight companies have signed on as founding partners for the as-yet unbuilt arena: ADT, Anheuser-Busch, Cushman & Wakefield, EmblemHealth, Foxwoods Resort Casino, Jones Soda Co., Phillips-Van Heusen/Izod and MetroPCS. Team executives said that founding partners would be prominently featured in a "neighborhood" such as the ADT Plaza, the Cushman & Wakefield Theater, the EmblemHealth Entrance, the Izod-Nets Team Store, Club MGM Grand at Foxwoods and the Jones Soda Shoppe.

The court ruling was 6-1 in favor of Forest City. "The constitution accords government broad power to take and clear substandard and insanitary areas for redevelopment," Chief Judge Jonathan Lippman wrote for the majority. "In so doing, it commensurately deprives the judiciary of grounds to interfere with the exercise."

Artist's rendition of the proposed Barclays Center in Brooklyn.In a statement, Ratner stressed, “Once again the courts have made it clear that this project represents a significant public benefit for the people of Brooklyn and the entire city. Our commitment to the entire project is as strong today as when we started six years ago. Today, however, this project is even more important given the need for jobs and economic development.”

However, Forest City Ratner still must obtain financing through tax-exempt bonds that must be issued before the end of the year. In addition, there are other active lawsuits challenging the project, which might continue to delay Forest City Ratner Companies plans.

"The fight against the Atlantic Yards project is far from over," Daniel Goldstein, a spokesman for Develop Don't Destroy Brooklyn, said in a statement following the court decision. "The community has four outstanding lawsuits against the project and, meanwhile, the arena bond financing clock ticks louder and louder for Ratner. While this is a terrible day for taxpaying homeowners in New York, this is not the end of our fight to keep the government from stealing our homes and businesses."

According to a statement from New York State Assemblyman Hakeem Jeffries (D-Brooklyn), whose district includes the Forest City site, "The use of eminent domain to benefit a private developer to build a basketball arena for a team owned by a foreign billionaire is an abuse of this extraordinary power, and I hope that [New York] Governor Paterson will choose not to exercise it."

Russian businessman Mikhail Prokhorov recently agreed to pay $200 million for 80% of the team and 45% of the arena, with the provision being that the franchise relocates to Brooklyn. On the court, the team opened the 2009-10 season 0-13 prior to a four-game road trip on Nov. 24.

Nets Say Canceling Brooklyn Move 'Not An Option'

After Ruling, Nets See 2011 As Firm Move From New Jersey

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