This story, in slightly different form, originally appeared in the New York Law Journal.
NEW YORK CITY-Activist Daniel Goldstein may have been the most visible and most vocal opponent of the Atlantic Yards project, but his settlement with the project's developer, Forest City Ratner Cos., does not mark the end of the legal battle against the $4.9-billion development.
Goldstein agreed Wednesday to move out of his condemned apartment, step down from his position as spokesman of Develop Don't Destroy Brooklyn and take his name off all pending Atlantic Yards litigation in exchange for $3 million. However, four actions intended to thwart the downtown Brooklyn project remain ongoing. Three of those actions have been dismissed at the trial level and plaintiffs have filed notice of appeal. The fourth has yet to be heard.
Two of the actions challenge the modified general plan affirmed in September 2009 by the Empire State Development Corp., the public authority that invoked condemnation. The petitioners, including DDDB, contended that because the construction of Atlantic Yards may take 25 years and the project's environmental impact statement evaluated only a 10-year period, the development corporation should be required to prepare a supplemental statement.
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