Two businesses that own property the county needs to build a $400.3 million stadium complex for the Cincinnati Bengals accused the county Monday of illegally using its powers of eminent domain by trying to take land not for public use.
Cincinnati attorney Robert Manley, who represents Caruso Real Estate Partners and S&C Properties Inc., said in separate counterclaims filed in Hamilton County Common Pleas Court that the county is violating the state and federal constitutions by failing to comply with the requirements and procedure for eminent domain, a government's right to take property for public use with appropriate compensation.
''In the first place, the method used to finance the stadium is a violation of the Ohio Constitution,'' Mr. Manley said. ''The county is taking taxpayers' money to subsidize a private business. This is not a permitted use for eminent domain.''
Mr. Manley has been representing Caruso Inc. and S&C Properties in their dealings with Hamilton County.
He tried to get the county's initial lawsuits against Caruso and S&C dropped, arguing that county attorneys had not followed procedures set forth in state law to acquire the land before they filed their lawsuits.
But visiting Common Pleas Judge Richard Cole ruled Nov. 6 in both cases that the county's lawyers had satisfied the negotiation requirements laid out in state law.
In his counterclaim Monday, Mr. Manley is again asking the court to dismiss the lawsuit.
''If the lawsuit is not dismissed and eminent domain is invoked, there is no provision for compensating the riverfront property owners while they appeal,'' Mr. Manley said. ''If their property is taken, they will be put out of business. If the U.S. Supreme Court later reverses, there is no way the owners can recoup their losses for being put out of business.''
Mr. Manley said that the county did not follow correct procedure in getting an appraisal of the property before filing suit and that there was no value determination of the property and negotiation before the suit.
If the county's lawsuit is not dismissed, Mr. Manley is asking the court to let a jury determine the fair value of the properties.
The county has filed suit against four riverfront property owners: Caruso, S&C, Caddy's Complex and Flanagan's Landing. All four own property the county needs to build the stadium complex.
The stadium will sit roughly between Central Avenue and Elm Street, with a curved Pete Rose Way to the north and Mehring Way to the south.
The Caruso and S&C property sit at the northern end of the stadium site.
The county has budgeted $50 million to buy land.
The county has offered Caruso $1.4 million, and Caruso has asked for $7 million to $12.3 million for the property, according to court documents filed by the county.
The county has offered S&C $1.1 million, but S&C wanted $1.5 million, the county's court documents show.
