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A Brooklyn state appeals court has thrown out the last major legal challenge to the Atlantic Yards development project. A unanimous Appellate Division, Second Department, panel rejected the contention of a coalition opposed to the development that the New York Constitution, which provides that "private property shall not be taken for public use without just compensation," allows the state to exercise the power of eminent domain only when the condemned property will be open to the public at large.
May 18, 2009 at 12:00 AM
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