The firms, Dann Law and the Palmer Law Group, filed a motion this week in U.S. Federal Court asking for a temporary restraining order (TRO). They seek to halt the transfer of the money while a larger class-action lawsuit, filed on behalf of Ohio residents with unclaimed property, makes its way through the judicial system.
The core of the legal challenge centers on the state’s decision, passed as part of the biennial budget, to allocate $600 million from Ohio’s Unclaimed Funds Account to help finance the new Brook Park stadium.
Unconstitutional Seizure of Private Property
Attorneys for the plaintiffs argue that the state’s action constitutes an unconstitutional seizure of private property. In their filing, they contend that the money in the Unclaimed Funds Account—which consists of things like uncashed checks and dormant bank accounts—still belongs to private citizens and cannot be appropriated by the state for a private venture.
“Ohio has a legal and moral obligation to safeguard these funds,” stated former Ohio Attorney General Marc E. Dann, who is spearheading the lawsuit. “Instead, the majority in the legislature and the governor have decided to loot them and funnel hundreds of millions of dollars to their wealthy campaign contributors.”
The motion argues that using the funds without proper notice, due process, or compensation violates both the Fifth and Fourteenth Amendments of the U.S. Constitution, as well as protections within the Ohio Constitution.
The Looming Deadline
The urgency for an immediate order stems from a legislative change that would allow the state to assume ownership of a portion of the funds starting January 1, 2026. The plaintiffs are seeking the restraining order to prevent the State of Ohio from reallocating or confiscating any of the unclaimed funds before the court can rule on the full merits of the class-action case.
The Browns’ ownership, the Haslam Sports Group, is pursuing a new, estimated $2.4 billion domed stadium in Brook Park and has secured the $600 million state grant as part of its financing plan.
This lawsuit is separate from other legal actions surrounding the move, including a recently settled dispute with the City of Cleveland over the use of the current downtown stadium.
A ruling on the motion for the immediate order is expected in the coming days as the legal battle over the future home of the Cleveland Browns continues.