New York's top court will hear arguments Wednesday about whether the planned arena project in Brooklyn constitutes legal public use of government authority to condemn property and force its sale for redevelopment.

Some small businesses and homeowners are challenging the Empire State Development Corp.'s move to force them out, saying it's wrong simply to enrich developers.

New York's constitution says: "Private property shall not be taken for public use without just compensation.'' The question is whether the Atlantic Yards project is a legitimate public use.

In its brief in the case, New York City said the project's primary goal is to alleviate substandard conditions, and the improvements will include the sports arena, affordable housing, public space and enhanced transportation. City lawyers said the area has been identified for decades as "in need of remediation and revitalization."