NEW YORK, NY May 15, 2009 —Opponents to the Atlantic Yards project in Brooklyn have lost another round. The state appellate court, second division, ruled 4-0 against nine businesses, homeowners and tenants. They argued against the state's use of eminent domain to take private property for a private developer. But the court said the public benefits of the project are substantial enough to justify the action. Forest City Ratner praised the decision and said it planned to break ground by the end of the year, although the developer still faces financial hurdles. The plaintiffs promise to appeal to the state's Court of Appeals.