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The city of Cleveland has filed a lawsuit against the Browns over the team’s proposed move to a new stadium in the Brook Park suburb.
In the lawsuit filed in Cuyahoga County Common Pleas Court (h/t Michelle Jarboe of Cleveland.com), lawyers for the city are seeking to invoke the “Modell law” that states a sports team owner that uses a tax-supported facility for home games and receives funding from the state or a political subdivision can’t move unless it gives a notice of at least six months or receives permission from local government officials to do so.
The Browns announced in October they informed Cleveland officials of their plan to move forward with a new domed stadium in Brook Park after the city previously proposed a $1.2 billion renovation project for Huntington Bank Field.
Cost for the new project is estimated at $2.4 billion, with the Browns citing Brook Park as the “most compelling option” for a new stadium because of its central location for the regional fanbase, proximity to downtown and existing infrastructure.
Cleveland Browns @Browns
While we have considered numerous sites throughout Cleveland and the region, our focus has been on two potential paths for the future of our stadium.
While significant work remains, the more we have explored the Brook Park option, the more attractive it has become, and we are… pic.twitter.com/5wXzpNANxz
Cleveland Browns @Browns
The Brook Park site is the most compelling option for a dome for several reasons: its central location for our regional fan base, its proximity to downtown, the RTA and the airport, and its strong existing infrastructure. pic.twitter.com/T36yXZAm8q
On Jan. 2, Browns officials announced they executed a clause that gave them the option to buy 176 acres of land in Brook Park for the new stadium.
In the lawsuit, Cleveland’s lawyers noted the Modell law applies to the Browns and Haslam Sports Group, and the city has already invested roughly $368 million into renovations and repairs to Huntington Bank Field that are still being subsidized by taxpayers.
The state of Ohio enacted the Modell law in June 1996, three months after the Browns were “deactivated” when Art Modell moved the franchise to Baltimore.
Jarboe noted the Modell law has never been fully tested since it went into law. The closest it came was in 2018 when the city of Columbus invoked it in a lawsuit after the owners of the Columbus Crew were threatening to move the MLS club to Texas.
The lawsuit was still pending when the Haslam family reached agreement to purchase the Crew in December 2018 to keep the team in Columbus.
According to Jarboe, Alan Weinstein, a professor emeritus of law and urban studies at Cleveland State University, said in a local news interview last year the Modell law is a “toothless tiger.”
The Browns’ current lease with Huntington Bank Field runs through the 2028 season. If the team is approved for a new stadium, the goal would be to have it ready for the start of the 2029 campaign.
