The Court of Appeals has ruled that the state can use eminent domain to seize property for the Atlantic Yards development, dealing opponents of the project a major defeat.

The 6-1 court decision in the case of Daniel Goldstein et. al., versus the Empire State Development Corporation (ESDC), announced November 24, clears one important hurdle for developer Bruce Ratner, who is planning to build a basketball arena and a mixed-use building complex on a 22-acre site in Prospect Heights.

In a majority opinion the court’s Chief Judge Jonathan Lippman wrote that the use of eminent domain at the site was warranted to seize blighted property for the redevelopment project.

“It is indisputable that the removal of urban blight is a proper, and, indeed, constitutionally sanctioned, predicate for the exercise of the power of eminent domain,” Lippman wrote.

He acknowledged Atlantic Yards is less blighted than other neglected areas, but said the court is not required to hold blighted sites up to the standards of the Great Depression, when slum clearance legislation was introduced.

Importantly, Lippman added that “it may be that the bar has now been set too low” for blight designations that pave the way for the use of eminent domain. Ultimately, however, Lippman said the decision of how and when to use eminent domain powers “is a matter for the Legislature, not the courts.”

Attorney Jeffrey Baker pointed to Judge Lippman’s commentary on blight levels as hope that all is not lost for opponents of Atlantic Yards.

Baker is the lead attorney representing the coalition Develop Don’t Destroy Brooklyn - a principal plaintiff in the eminent domain case - in a separate suit challenging the state’s blight designation for the site. A decision in that suit, which is before the same Court of Appeals, the state’s highest court, is pending, Baker said.

He said Lippman’s opinion on blight might influence that case. “We’re hoping that they look at it and rule in our favor,” Baker said.

While that case and a newly filed lawsuit surrounding the project remain in the balance, opponents of the project reacted with disappointment to the court’s ruling.

Assemblyman Hakeem Jeffries said eminent domain should only be used if there is a clear public benefit.

“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,” Jeffries said in a statement.

Marty Markowitz, the Brooklyn borough president, released a statement applauding the court’s decision. Markowitz has been an ardent supporter of the project.

“The ruling by the State Court of Appeals reinforces previous decisions supporting the numerous public benefits of the Atlantic Yards project,” Markowitz said. “Brooklyn’s shovels are, and have been, ready. So, let’s pick them up and get to work.”