$600M Browns Stadium Plan Fuels Legal Challenge and Record Rush for Ohio’s Unclaimed Money

COLUMBUS, Ohio — A newly filed lawsuit is challenging the constitutionality of Ohio’s plan to fund a $600 million public subsidy for a proposed domed Cleveland Browns stadium using the state’s unclaimed funds. The legal action, filed Monday in Franklin County Common Pleas Court, was initiated by former Ohio Attorney General Marc Dann and former state Rep. Jeff Crossman, both Democrats, on behalf of three named Ohioans and a broader class of residents with unclaimed funds held by the state as of June 30.

The lawsuit alleges that the plan, embedded within the state's recently signed $60 billion two-year operating budget, violates both state and federal constitutional protections, including the unlawful taking of private property and due process rights. It seeks an injunction to halt the distribution of the funds.

“The state now intends to confiscate the private property … for the purpose of funding a private development, depriving the rightful owners of their property,” the lawsuit states, according to Front Office Sports.

The budget provision in question creates the Ohio Cultural and Sports Facility Performance Grant Fund and designates the Browns as the first recipient with a $600 million grant. The Haslam Sports Group’s proposed stadium would be built in suburban Brook Park, just south of Cleveland.

Republican Ohio Attorney General Dave Yost has criticized the plan. In a June 27 letter, he stated, “Billionaires should finance their own stadiums—full stop,” arguing that such a significant public outlay raises concerns about fairness and the burden on taxpayers. Despite his opposition, Yost believes the plan is legally defensible.

Governor Mike DeWine signed the budget but acknowledged that using unclaimed funds was not his preferred approach. “That was not my first choice,” DeWine said. “I had another way of doing it. But, you know, governors don’t get everything they want.” DeWine had originally proposed using increased sports betting taxes, while the House favored bond financing.

The use of unclaimed funds—which include dormant assets like forgotten bank accounts, utility deposits, and uncashed checks—has sparked a surge in claims by Ohio residents. According to the Ohio Department of Commerce, more than 133,000 claims were initiated between June 3 and June 26, an 80% increase from the week before the budget proposal was introduced.

The state currently holds nearly $5 billion in unclaimed funds, and the new law allows for use of funds at least 10 years old as of January 1, 2026. In fiscal year 2024 alone, the state received $528 million in new unclaimed funds and approved payments totaling about $149 million.

Governor DeWine has defended the plan on the grounds that it does not compete with essential services. “Stadiums should not compete with mental health. Stadiums should not compete with education,” he said. “And this budget, while it didn’t do it the way I originally designed it, does that.”

If successful, the lawsuit would not necessarily stop construction of the Browns stadium but could force the state to identify a new funding mechanism.

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