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Motion To Dismiss Ruling Cleveland Browns

The Court of Common Pleas in Cuyahoga County denied the Defendants' motion to stay the proceedings due to the indefinite stay of a related federal case, rendering the motion moot. The Court also rejected the Defendants' alternative motion to dismiss the complaint, stating that the City of Cleveland's claims are ripe for adjudication as the Browns have taken definitive steps to relocate. Consequently, the case will proceed on its merits.

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0% found this document useful (0 votes)
38K views4 pages

Motion To Dismiss Ruling Cleveland Browns

The Court of Common Pleas in Cuyahoga County denied the Defendants' motion to stay the proceedings due to the indefinite stay of a related federal case, rendering the motion moot. The Court also rejected the Defendants' alternative motion to dismiss the complaint, stating that the City of Cleveland's claims are ripe for adjudication as the Browns have taken definitive steps to relocate. Consequently, the case will proceed on its merits.

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WKYC.com
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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198556565

198556565

IN THE COURT OF COMMON PLEAS


CUYAHOGA COUNTY, OHIO
CITY OF CLEVELAND Case No: CV-25-110189
Plaintiff
Judge: LAUREN C MOORE

HASLAM SPORTS GROUP, LLC, ET AL.


Defendant

OPINION AND JUDGMENT ENTRY. OSJ

07/10/2025
Page 1 of 1
IN THE COURT OF COMMON PLEAS
CUYAHOGA COUNTY, OHIO

CASENO.CV-25-110189
THE CITY OF CLEVELAND,
JUDGE LAUREN C, MOORE
Plaintiff,

v.

HASLAM SPORTS GROUP, LLC, et al.,


OPINION AND JUDGMENT
ENTRY
Defendant.

This case is before the Court on Defendants Cleveland Browns Football Company LLC, and

Haslam Sports Group LLC’s (Browns) Motion to Stay the Action or in the Alternative, Dismiss

the Complaint. The issues have been fully briefed and were argued to the Court on May 20,

2925.

I. MOTION TO STAY THE PROCEEDINGS

Defendants filed a motion to stay the Common Pleas proceeding during the pendency of the

action they had filed in Federal court captioned Cleveland Browns Football Company LLC. v.

City of Cleveland, No. l:24-cv-01857 (N.D. Ohio 2024). In this federal case, the Browns

disputed the Constitutionality of the Modell law.

On June 30, 2025, the Federal District Court issued in the federal court stating: “Order [non­

document] partially granting Defendants’ [51] Motion to Hold Deadlines in Abeyance. At this

time, the Court declines to order Plaintiffs to address the implications of the pending budget

legislation. However, all deadlines are held in abeyance, and this action is stayed until further
Order of the Court. “ Cleveland Browns Football Company, LLC v. City of Cleveland, No. 1:24-

cv-01857 (N.D. Ohio June 30,2024).

Because the Federal action is stayed indefinitely, the Court finds that the issue of staying the

Common Pleas case during the pendency of the Federal Court case is moot. Therefore, the

Defendants’ Motion to Stay is denied.

II. MOTION TO DISMISS

In the alternative, the Browns asked that the Complaint be dismissed as unripe.

The Browns have made it clear that they will not fulfill their contractual duties with the City. 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 Brookpark, 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

Brookpark, they have entered into a partnership with a contractor for the purpose of constructing

a new stadium, and they are procuring financing. The reality is that the move is not a “contigent

future event” Mem. At 14. The Browns have unequivocally announced that it is their intention

to leave the Huntington Bank Stadium and they are moving forward with plans to depart from

Cleveland to Brookpark. The issue of the Browns leaving the City of Cleveland is on longer

hypothetical.

A case ripens when an injury has already happened. Controversy ripens when the plaintiff has

been injured. Reed v. Goertz, 598 U.S. 230, 234 (2023); State v. Maddox, 2022-Ohio-764, 8

(2022); Thomas v. Union Carbide Agr. Prods. Co., 473 U.S. 568, 580-81 (1985). In the within

case, the City has initiated legal proceedings because actions that have already occurred.

2
The City’s claims are ripe and ready for the Court’s adjudication. They allege “a set of facts,

consistent with the plaintiffs complaint” that “would allow the plaintiff to recover,” and “the

court may not grant a defendant’s motion to dismiss.” Fast Tract Title Servs., Inc. v. Barry,

2024-Ohio-5216, 18 (8th Dist.), quoting O’Brien v. Univ. Comm. Tenants Union, Inc., 42 Ohio

St.2d 242, 245 (1975). The claims should proceed on their merits.

III. CONCLUSION

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