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Daniel Goldstein

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Bruce Ratner Wins a Round in Atlantic Yards Legal Battle

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A federal judge this afternoon dismissed Goldstein v. Pataki, the key eminent-domain case seeking to block Bruce Ratner's Atlantic Yards megadevelopment. It's a major setback for the Develop Don't Destroy crowd, right? Wrong, says Matthew Brinckerhoff, DDDB's lead lawyer. Indeed, he calls it good news. "There was an initial ruling by the federal magistrate saying we didn't belong in federal court, and now a district court has said we belong in federal court but dismissed the claim," Brinckerhoff told us. Now, he says, his clients can focus their appeal on the merits of the case — that public officials delivered the massive project to Forest City Ratner when it should have gone to multiple bidders in a public process — rather than on jurisdictional technicalities. "Given where we were, we are not worse off," Brinckerhoff said. Of course — and we're not lawyers — one would imagine it would be even better not to have to appeal at all. But Brinckerhoff is standing firm and tossing off sound bites. "This is far from over," he said. —Alec Appelbaum

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Five Shots

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• Another cop's bullet, another unarmed man dead, another immigrant family demanding justice. An off-duty Manhattan officer apparently killed a Honduran van driver who sideswiped a parked car and tried to leave the scene. An investigation is under way. [amNY] • New York State's Republican party is beginning to line up behind Rudy Giuliani, on the logic that his candidacy will help the GOP hold the State Senate. One senator says "ethnic Democrats," i.e. immigrants, will vote Rudy. Yeah, he's got the Diallo vote all sewn up. [NYT] • Bruce Ratner must be sweatin' about something: He's sent out letters to 700 addresses near Atlantic Yards promising residents free ACs and double-paned windows (to minimize construction nuisances). The kicker: Daniel Goldstein got one. [NYP] • The City Council is touting the "undeniable success" of a campaign designed to inform clinics and drugstores that Plan B, an emergency birth-control pill, can be sold over the counter; some 94 percent of surveyed city stores had it available. [WNBC] • And in lesser city initiatives, a Brooklyn assemblyman is aghast after having been hipped to the fact there are hookers on the Internet. Specifically, on Craigslist! You mean all those "18 y.o. bored females" aren't just, you know, bored? [NYDN]

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We're Worried About Develop Don't Destroy

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Our worries were unfounded, and DDDB should be worried about us. We got this totally wrong. The federal eminent-domain suit against Ratner — brought by DDDB, charging that the Atlantic Yards project violates the U.S. Constitution, captioned Goldstein v. Pataki — goes on. This was a state suit filed by eleven rent-stabilized tenants, charging that they were given inadequate compensation to move, and it was dismissed only on a jurisdictional issue. Apologies to everyone; mortification to us.

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A Bad Day for Daniel Goldstein*

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• The key lawsuit seeking to block Atlantic Yards has been dismissed on a technicality. A group of tenants facing eminent-domain relocation failed to convince a judge they weren't offered comparable housing. [NYP] • Mark Green, the new president and one of the marquee voices of Air America, interviewed Michael Bloomberg for the network's big relaunch next week; the ex-rivals were reportedly quite chummy, trading bad puns and agreeing on most of Bloomberg's mayoral policies. [NYT] • This is exactly what the torturously slow dismantling of the Deutsche Bank building was supposed to prevent: A fifteen-foot-long pipe fell 35 stories from the half-stripped skyscraper, plunging into a neighboring firehouse and sending two firefighters to the hospital. [NYDN] • Bail for the domestic-enslaving Long Island couple was set at $2.5 million for the wife and $1 million for the husband; meanwhile, a raid on the mansion is said to have uncovered the instruments of torture, which include knives and a rolling pin. [Newsday] • And, a bomb scare shook up an elementary school in the Putnam County town of Kent after a suspicious and fragrant package was delivered to the building. But not to fear: After a Hazmat team and bomb squad got involved, an X-ray revealed it was twelve pounds of marijuana. [WNBC] * Or maybe not a bad day at all. As explained here, we totally misread this news.

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Why Protest When You Can Sue?

In the battle over Atlantic Yards, events in a lower Manhattan courthouse this afternoon amounted to a shot blocked by Develop Don't Destroy Brooklyn chief Daniel Goldstein. As nobody can avoid knowing, Goldstein has led a coalition of civic groups petitioning to stop the megaproject by suing in federal and state court over its environmental and legal review. Goldstein and fellow protestors planned to block alleged demolition by developer Forest City Ratner tomorrow at 8 a.m. but instead went to court today to seek a temporary restraining order. By 5:30, FCR had "graciously" agreed to avoid demolition this week, Goldstein told us. A judge will rule on the restraining order by Friday, he says, so there will be no protest tomorrow morning. (Sleep in, enraged Brooklynites!) A FCR spokesperson confirmed that he had been in court all day and promised no demolition tomorrow. Goldstein warned that Monday could be a different story. —Alec Appelbaum

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