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CLEVELAND (WJW) – Ohio Attorney General David Yoston behalf of the state of Ohio, requests to intervene in a federal lawsuit brought by the cleveland browns against the city of Cleveland.

The motion was filed Thursday in U.S. District Court.

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“The State of Ohio proposes to intervene in this case,” the motion states. “The crux of the case is Ohio Revised Code, Section 9.67which is designed to protect Ohio taxpayers’ investment in professional sports teams. Although the plaintiff challenges the constitutionality of this Ohio law, he has not made the state, or any of its agencies, officers or employees, a party to the lawsuit. Under these circumstances, 28 USC § 2403(b) guarantees the State of Ohio, through Attorney General Yost, the right to intervene and defend the constitutionality of Ohio Rev. Code §9.67.”

the brown ones filed a lawsuit against the city of Clevelandhoping a federal judge will clear the way for the team to move to a dome in Brook Park. The Browns are challenging the “Model Law,” saying it is vague. The law was created to prevent teams from leaving cities that subsidized them with taxpayer money. The law is named after former Browns owner Art Modell, who moved the team to Baltimore in 1996.

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“Specifically, the Browns’ assertion that, on its face and as applied to the Browns, Ohio Rev. Code §9.67, is unconstitutionally vague,” the motion states. “They are wrong. But because the Team has only named the City as a defendant in this lawsuit, and without intervention, the State of Ohio will have no ability to defend the law. Federal law prevents this result. 28 USC § 2403(b) grants the State the right to intervene and defend the constitutionality of Ohio Rev. Code §9.67.”

It is not known when the judge will rule on the case.

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