Cleveland wants total block on Browns plan to move: I-Team
CLEVELAND (WJW) – Attorneys with the city of Cleveland have filed a motion with Cuyahoga County Common Pleas Court asking a judge to block the Browns from taking any action at all toward moving to Brook Park until the lease for the current stadium is up at the end of the 2028 season.
The city is asking the judge to grant summary judgment saying the Browns have breached the lease with the city.
The motion adds the Browns breached the lease by making plans to build a new, enclosed stadium and move the team to Brook Park.
'The plain language of the Lease broadly prohibits the Browns from doing—or even standing idly by while someone else does—anything that might cause the Browns to leave Cleveland,' the motion states.
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Attorneys for the city said the Browns have disregarded their obligation under the lease and have made steps to move to Brook Park.
'To the public, the parties, and the Court, the Browns 'have made it clear that they will not fulfill their contractual duties with the City,'' the motion states. 'As this Court observed, 'The Browns have given notice to the City that they intend to move, they have finalized the purchase of 167 acres of land in the City of Brook Park, they have given formal notice to the City that they are leaving, they have engaged in frequent strategy and planning meeting with the Mayor of Brook Park, they have entered into a partnership with a contractor for the purpose of constructing a new stadium, and they are procuring financing.' Id. The Browns cannot possibly contest these findings—they publicly boasted about all of them, and described their breach in open court.'
A hearing on the motion has not yet been set.
On Friday, Judge Lauren Moore denied the Browns' motion to dismiss the case filed against them by the city of Cleveland and also declined a request to put the case on hold.
The city of Cleveland sued the Browns in January, saying the team is restricted from moving due to the Modell Law. However, last month, the state legislature reworked the Modell Law saying teams can move as long as they do not leave the state of Ohio.
The Browns asked to wait until the federal case is resolved. But since that case is on hold indefinitely, the judge dismissed that request as moot.
The Browns also argued the case was 'unripe,' meaning the city had not yet been negatively impacted by the Browns' move. But the judge ruled the Browns' plan to move out of Cleveland to Brook Park is already a done deal.
Following the ruling, Cleveland Law Director Mark Griffin issued a statement to the I-Team that reads, 'We appreciate Judge Moore's diligence in thoughtfully applying the law and look forward to further addressing the merits of our case in her court.'
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A spokesperson for the Browns said in a statement the organization is complying with the obligations of its downtown stadium lease, which expires in 2029, and that it remains focused on building the new 'world-class' enclosed stadium in Brook Park.
'We are as confident as ever in our legal position and look forward to a prompt resolution of the city's meritless claims,' the statement reads.
The I-Team has also learned Brook Park has applied for about $80 million in state money for road projects around the dome site.
Cuyahoga County Executive Chris Ronayne said he predicts major traffic headaches around the airport once the Browns start playing in Brook Park.
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