Businesses and homeowners who lost their property for the development of the Atlantic Yards project will take their case to the state's top court later this week.
The Court of Appeals will decide whether the state has the authority to condemn property and force its sale to a developer as part of the project.
Developer Bruce Ratner's proposed 22 acre project includes a new arena for the New Jersey Nets, office towers and residential buildings.
Some businesses and home owners are challenging the developer's power to force them out, saying the state constitution authorized eminent domain for public use only.
Lower courts have backed the project.
Oral arguments in the court of appeals begin Wednesday.