BROOKLYN, NY-Eleven property owners and tenants have filed a petition asking the Supreme Court of the US to hear their eminent domain appeal, which was dismissed on Feb. 1 by the Second Circuit Court of Appeals. The petition it intended to provide the Court with the opportunity to address the appropriate constitutional limits on the government’s power to seize private homes for the benefit of real estate developers, according to a prepared statement by Develop Don’t Destroy Brooklyn

Although Forest City Ratner, developer of the $4-billion Atlantic Yards project tells GlobeSt.com that they have no formal comment at this time as far as a response to this particular petition, they did note that the company has won 18 consecutive court decisions.” A spokesperson tells GlobeSt.com that “when we started we owned 0% of the condos and co-ops and 35% of the rental units. Currently we own 89% of the land needed to complete the project, including 93% of the condos and co-ops–64 of 69–81% of the rental units–83 of 102.”

The spokesperson also tells GlobeSt.com that “they have filed and lost this case in the federal court and the federal appeals.” At the time the case was dismissed by the US Court of Appeals, FCRC issued a statement saying that the decision was more than another victory for Atlantic Yards. “It is a victory for public good and the importance of investing in diverse communities throughout the City,” said Bruce Ratner, CEO and chairman of FCRC at the time. “Atlantic Yards will bring thousands of affordable homes and needed jobs to Brooklyn. We believe, and the courts have repeatedly agreed, that these are real benefits that will have a significantly positive impact on the borough and the City.”

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