The U.S. Supreme Court today rejected an appeal from tenants and property owners who face eviction to make room for the Atlantic Yards development.

The group Develop Don't Destroy Brooklyn had hoped to stop the skyscrapers and new arena for the Nets from moving forward, arguing that the use of eminent domain was unconstitutional.

They say the government's power to take the property is in violation because the project benefits the developer more so than the public. But the justices did not agree.

"There are no firm deadlines. There are no guarantees that any affordable housing will ever be created," said Matthew Brincherhoff, attorney for the Brooklyn home and business owners. "All we know is that we are told over and over again that they guarantee there will be an arena. We all know, and it's beyond dispute, that the area itself is a net economic loser for the city and for the state, the city budget office has already said as much."

Community members say they will now file an action in state court to make their case.

Developer Bruce Ratner's plan envisions 16 skyscrapers, thousands of apartments, and an 18,000-seat arena for Nets.