NEW YORK, NY February 24, 2007 —Brooklyn residents fighting to stop construction on the Atlantic Yards development say their legal battle is not over, even though a federal magistrate has recommended that their lawsuit be tossed out. WNYC's Elaine Rivera reports.

U.S. Magistrate Robert M. Levy has stated the suit should be dropped because it is a local matter and that the federal court should abstain. A spokeswoman for the plaintiffs says they are disappointed but the litigation will continue.

The final decision will eventually be made by a U.S. district judge. The plaintiffs have sued the developer Forest City Ratner, the city and state citing the misuse of eminent domain.

Residents are hoping to stop the $4 billion mega-development project that entails the construction of 16 mixed-use high rises and a professional arena for the Nets. A spokesman for the state's top economic agency lauded the magistrate's recommendation, stating that the project will bring economic revitalization to the borough.

For WNYC, I'm Elaine Rivera