CLEVELAND — Former Cleveland Mayor Dennis Kucinich was thrown for a loss Monday in his bid to keep a legal fight going over the Browns’ move to Brook Park.
A Cuyahoga County Common Pleas Court judge tossed out a lawsuit Kucinich filed last year against the city of Cleveland. Judge Hollie Gallagher found that Kucinich lacked standing – and that his claims are moot now, anyway, because of a legal settlement between the city and the Browns.
In an emailed statement, Kucinich said he’s considering whether to appeal.
The longtime politician sued the city in August, arguing that officials weren’t acting aggressively enough to stop the Browns from building a new suburban stadium.
Kucinich asked the court to compel Cleveland’s law director to do more to block the move by using restrictive language in the team’s existing stadium lease.
He also wanted the city to enforce the state’s so-called “Modell law,” which Kucinich wrote as a state lawmaker in the 1990s to make it harder for pro sports teams to leave taxpayer-supported facilities.
The General Assembly changed the wording of the Modell law last summer so that it no longer applies to in-state stadium moves.
RELATED: Lawmakers slip change to the Modell law into Ohio's budget bill
The city, which was already fighting with the Browns in state and federal court, filed a motion to dismiss Kucinich’s lawsuit in early October.
Soon after, the city and team owner Haslam Sports Group reached a roughly $100 million settlement deal. Cleveland agreed to stop fighting the team’s move in exchange for cash and a commitment from Haslam Sports Group to tear down the existing stadium.
RELATED: Browns, Cleveland reach $100 million settlement, paving the way for Brook Park stadium move
Cleveland City Council signed off on the settlement Dec. 1.
RELATED: Cleveland City Council OKs $100 million Browns settlement, with some late-in-the-game changes
As part of the deal, Cleveland agreed to use “best efforts” to get Kucinich’s lawsuit tossed. Lawyers for the Browns also asked Gallagher to dismiss the case.
Kucinich was seeking a preliminary injunction to stop the Browns from moving. A hearing on his request was set to take place Friday morning.
In his emailed statement Monday, Kucinich said he believes Cleveland taxpayers “have been ill-served by their city leaders.”
Gallagher found that the city made good on its obligations in correspondence and litigation with the Browns. In her decision, the judge also wrote that Kucinich’s status as a Cleveland taxpayer didn’t give him grounds to sue.
Contractors are already moving dirt on the future stadium site in Brook Park. The Browns aim to move in mid-2029, after their lease at the Cleveland stadium ends.
But there’s still litigation over the state’s decision to tap unclaimed funds to provide a $600 million grant for the project. In December, a Franklin County Common Pleas Court judge issued a temporary restraining order, blocking the state from taking money out of the unclaimed funds pool. The court is weighing whether to impose a longer-term hold.
Michelle Jarboe is the business growth and development reporter at News 5 Cleveland. Follow her on X @MJarboe or email her at Michelle.Jarboe@wews.com.
