I-Team: Cleveland wants timeout in legal action against Browns
CLEVELAND (WJW) – The FOX 8 I-Team has found the city of Cleveland asking a federal judge to 'hold all current deadlines in abeyance' in the pending lawsuit involving the Cleveland Browns' right to move to a dome in Brook Park.
The new motion comes as fallout from changes approved this week to the Modell Law which restricts teams from moving.
The Ohio House and Senate passed a measure that would now allow teams to move within the state.
Months ago, in Cuyahoga County court, the city of Cleveland sued the Browns under the Modell Law to keep the team playing on the lakefront.
I-Team: The Browns now own land in Brook Park to build dome
The Browns had filed suit in federal court seeking to have that law declared unconstitutional.
Friday, lawyers for the city filed motions in federal court asking the judge to suspend deadlines in the case.
'Following the Browns' (and their owners') relentless lobbying, this week the Ohio General Assembly passed new legislation that deprives Ohio citizens of $600 million that belongs to them and gives it to the Browns to build a new stadium in Brook Park while also amending the Modell Law,' the motion from Attorney Justin Herdman states. 'This proposed amendment to the Modell Law—the 'Haslam Law'—purports to rewrite the Modell Law to expressly state what the Browns have argued the statute means, contrary to its existing text. The bill awaits the Governor's action, which is anticipated at any moment.'
Herdman, one of the attorneys representing the city, also stated in the motion that the proposed changes in the law raises questions about the viability of federal action because, '[i]n most cases, the repeal or amendment of a law moots challenges to the original law.'
The changes to the Modell Law still have to be approved by the governor.
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Lawmakers this week also approved $600 million to go toward building the dome.
While the city asked to have the federal legal action put on hold, the city filed another motion in Cuyahoga County Common Pleas Court and held out the possibility it would ultimately move ahead with its lawsuit against the Browns.
The city accuses the Browns of breach of contract although the Browns said they would not move until their lease runs out after the 2028 season.
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