Former Ohio AG and Rep. file complaint against proposed use of unclaimed funds on Browns stadium

Former Ohio Attorney General and State Senator Marc Dann alongside former State Representative Jeffrey Crossman have filed a class action complaint against Ohio's Department of Commerce and Ohio Treasurer Robert Sprague for the planned use of Ohio's Unclaimed Funds Trust (UFT) in the construction of the Cleveland Brown's new stadium.

Dann and Crossman are looking to challenge the legality of using the UFT to build a new stadium for Cleveland's NFL franchise, claiming it to be "unconscionable, unconstitutional, and blatantly illegal confiscation of Ohioans' private property."

"We’ll be standing at the courthouse door ready to file this lawsuit when and if this unprecedented abuse of the public trust actually becomes law,” Dann said.

Plans to use $600 million from the UFT in the construction of the new stadium are planned to be a part of Ohio's 2026/2027 biennial budget plan.

The complaint cites different instances within the Ohio Constitution, the U.S. Constitution and other written state doctrine to support the claims made. Some of the cited violations are mentioned below.

• Violates the Takings Clause set forth in Article V of the U.S. Constitution which says in pertinent part that: “No person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
• Violates the Due Process Clause of the 14th Amendment which says “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law
• Violates Article I, Section 19 of the Ohio Constitution which protects private property from being taken for private use or without just compensation.
• Represents a breach of the state’s Fiduciary Duty to serve as a custodian of the funds in the UFC under the provisions of ORC 169. 01

The complaint was filed against the Ohio Department of Commerce Director Sheryl Maxfield, Superintendent of the Ohio Division of Unclaimed Funds Akil Hardy and Treasurer of the State of Ohio Robert Sprague.

DannLaw intends on going to Franklin County Common Pleas Court to file a class action lawsuit if the plans to utilize the UTF to fund the construction of the Cleveland Browns' new stadium in Brook Park is written into the new budget.

Below is a copy of both the press release and class action complaint.

 

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