CLEVELAND, Ohio (92.3 The Fan) – The Browns have beefed up their legal team and modified their complaint in federal court against the city of Cleveland, which has invoked the ‘Modell Law’ to prevent the NFL franchise from building a $3.4 billion dome and mixed-use development in Brook Park, Ohio.
The Haslam Sports Group, owners and operators of the Browns since October 2012, amended their original lawsuit filed in October and re-filed in U.S. District court Tuesday afternoon.
“The Cleveland Browns and our community need and deserve a new home – and from the outset we have been unequivocal that it must positively benefit our community and Northeast Ohio,” Browns managing and principal partners Dee and Jimmy Haslam said in a statement. “The proposed Huntington Bank Field in Brook Park meets this vital objective and will reflect positively on our world-class region and its promising future. It also reflects our 100% commitment to keeping the Browns in their home market for generations to come.”
Following a seven-year stadium evaluation process, the Haslams decided last September to forgo a $1 billion renovation of the existing lakefront stadium and pursue a new dome and development in Brook Park.
In January, the city of Cleveland sued the Browns in Cuyahoga County Common Pleas Court where they argue that because over $290 million in public dollars have been used on construction and maintenance of the existing stadium, the Browns are not permitted to leave the city limits under the ‘Modell Law,’ enacted in 1996 by the state of Ohio after Art Modell moved the original Browns to Baltimore.
The ‘Modell Law’ stipulates that a team that plays in a “taxpayer supported facility” either must receive permission from their municipality to relocate outside its limits or give the municipality a six-month window to facilitate the sale of the franchise.
The Browns believe the city of Cleveland has been misleading Clevelanders by conflating the Brook Park project with Modell breaking a lease and moving the team to Baltimore, Maryland where they became the Ravens.
In addition to its longtime local counsel, Thompson Hine LLC, the Haslams have hired the firm of Wachtell, Lipton, Rosen & Katz to assist with the litigation.
“The city has never explained how the Modell Law could sensibly apply to the Browns, who will continue to play games in its stadium until the expiration of its lease, and whose owners have committed to keeping the team in the local area long after the lease expires,” Ted Tywang, Haslam Sports Group’s chief administrative officer and general counsel, said in a statement. “In fact, the Haslams’ proposed unprecedented private investment in a world-class stadium and surrounding development, and their continued unwavering commitment to Northeast Ohio, are the complete opposite of the Modell situation.
“It’s also important to recognize that at least 10 NFL teams play their home games in metropolitan areas outside of the city they represent, so our proposal is entirely consistent with other hometown teams across the country. Our actions in court are intended to ensure that the city’s irresponsible and baseless attempt to apply the Modell Law to the Browns does not slow our momentum to build a world-class stadium right here in Northeast Ohio for the Browns, our fans and the entire Ohio region.”
Multiple sources have told 92.3 The Fan that the Browns are willing to negotiate a settlement with the city of Cleveland, but it has been difficult to facilitate those conversations and so the team is aiming for a resolution through the legal process.
The city of Cleveland’s lawsuit against the Browns has moved slowly with a pretrial scheduling conference by phone scheduled for early April.
The Browns secured 176 acres of land across from Hopkins international Airport bordering Snow and Engle roads to build on and they are expected to close on the purchase of the property this year with the intent of breaking ground in the first quarter of 2026.
“Our region deserves a world-class project like this,” Haslam Sports Group and Browns chief operating officer David Jenkins wrote in a letter published on the team’s website Tuesday afternoon. “We love Cleveland and Northeast Ohio and are committed to our community, our schools, our youth sports programs, our involvement in local healthcare, and our extensive impact programs. This project reinforces our dedication to Greater Cleveland and all of Northeast Ohio. HSG, together with its development partners, is prepared to invest more than $2 billion in private capital in the proposed new stadium and surrounding development.
“We've made a promise to ensure our team remains the Cleveland Browns, and our Brook Park plans solidify that commitment.”
The Haslams have pledged to spend $1.2 billion plus cost overruns on the dome and an additional billion in private funding for the mixed-use development, which is scheduled to be built in phases with the first phase set to open with the dome in 2029.
The Browns have sought $1.2 billion in public funding for the dome with half of that coming from the state, $422 million from Brook Park and $178 million from the county with the county also backstopping Brook Park’s bonds. The bonds would be financed through income, sales, parking and other taxes generated by the complex over 30 years.
With stadium projects looming for the Cincinnati Bengals and Reds, Ohio governor Mike DeWine proposed doubling the state’s tax on sports gaming companies to generate over $130 million per year in additional revenue for a major and minor league stadium construction fund to be used statewide.