City of Cleveland Sues ODOT Over Browns’ Brook Park Stadium Approval

This article was published through an exclusive content-sharing agreement with neo-trans.blog.

In the latest chapter of the region’s ongoing stadium saga, the City of Cleveland has sued the Ohio Department of Transportation’s (ODOT) Office of Aviation for granting a permit for the construction of a new stadium next to Cleveland Hopkins International Airport.

Cleveland’s Department of Port Control, which owns Hopkins and Burke Lakefront airports, filed the suit Oct. 3 in Cuyahoga County Common Pleas Court. The suit is actually an appeal of an administrative ruling from last month.

On Sept 18, ODOT Aviation issued a construction permit with a waiver of obstruction standards that are established in Ohio’s administrative laws. ODOT did so based on a recommendation of the Federal Aviation Administration and the input of a private aviation consultant.

That reversed an Aug. 1 decision by ODOT Aviation to deny a construction permit to Primacy Development LLC which plans to build a $2.4 billion all-purpose stadium that would be the new home of the Cleveland Browns National Football League franchise. Haslam Sports Group (HSG) owns the football team and Primacy Development.

“ODOT’s decision is not supported by reliable, probative and substantial evidence, and it is not in accordance with the law,” said the city’s five-page filing last week with the court written by Ohio-based attorneys at law firm Jones Day.

“The City of Cleveland owns and operates Burke Lakefront Airport and Cleveland Hopkins International Airport and it files this appeal out of an abundance of caution in order to provide a safe and secure environment for all passengers, visitors and employees,” the appeal continued.

The city is not seeking any immediate relief or other actions at this time, such as a preliminary injunction to halt site preparation activities for the stadium that HSG said got underway Oct. 1. Actual stadium construction isn’t due to start until early 2026.

First to report the news of the city’s appeal was Bloomberg Law, which shared a brief posting about the development on social media.

The new stadium would be located on nearly 180 acres of land acquired by the HSG affiliate in suburban Brook Park. Hopkins Airport is used by hundreds of commercial airliners per day.

HSG officials said they hope to relocate Browns home games and other events to the new, enclosed, 67,000-seat Huntington Bank Field by August 2029. It would vacate the current Huntington Bank Field, built in 1999, on Downtown Cleveland’s lakefront.

Cleveland and especially Cuyahoga County officials have fought the move, saying it would hurt downtown hospitality businesses. But HSG representatives, led by owners Jimmy and Dee Haslam, claimed downtown will see more business as a result of a suburban domed stadium which could attract more year-round events.

HSG representatives said they have not issued any formal, public response to the lawsuit but in conversations with NEOtrans, they privately expressed frustration at the city for continuing to “waste time” on legal battles.

In the past, HSG spokesperson Peter John-Baptiste told NEOtrans the company’s aviation consultants were surprised by ODOT’s original denial on Aug 1. He said it was at odds with the FAA’s year-long analysis. ODOT can then accept or reject that analysis when deciding a construction permit.

“(FAA) found our proposed stadium poses no airspace hazards,” John-Baptiste said in August, adding that several other existing structures nearby exceed the stadium’s proposed height.

Initially, ODOT said the new 221-foot-tall Huntington Bank Field, despite being constructed from a foundation dug 80 feet below the surface of the surrounding land, would extend up into Hopkins’ air navigation zone by 58 feet.

But a private aviation consultant, Federal Airways & Airspace, hired by HSG, argued that construction of the proposed stadium would not affect current flight operations at Hopkins Airport. So ODOT changed course.

“The proposed construction has been determined to exceed obstruction standards,” said ODOT Aviation in its Sept. 18 notice of waiver. “However, a waiver is being issued.”

ODOT Aviation said its waiver was based on the following reasons and conditions:

• Construction of the proposed building would not require any changes to current flight operations at Cleveland Hopkins International Airport.

• The proponent agree to file a 7460-2 Notice of Actual Construction with the FAA that includes a certified survey with a 1A Survey Certification.

• Compliance with the condition of the FAA’s determination are mandatory.

• Marking and lighting are required consistent with FAA Advisory Circular AC: 70/7460-1M Change 1, Obstruction Marking and Lighting.

In addition to a new stadium, Primacy envisions constructing $1.2 billion worth of mixed-use development next to it — hotels, shops, restaurants, apartments, office and additional entertainment venues.

For more updates about Cleveland, sign up for our Cleveland Magazine Daily newsletter, delivered to your inbox six times a week.

Cleveland Magazine is also available in print, publishing 12 times a year with immersive features, helpful guides and beautiful photography and design.