By Dan Horn
The Cincinnati Enquirer

The Bengals got a victory Friday without ever taking the field.

A Cincinnati judge threw out a lawsuit that had accused the team and the National Football League of conspiracy and breach of contract involving the lease at Paul Brown Stadium.

In the lawsuit, Hamilton County Commissioner Todd Portune claimed the Bengals have failed to field a team that is good enough to maintain fan interest in the taxpayer-funded stadium. Portune plans to appeal Friday's decision.

The suit, which sought more than $200 million in damages, claimed the team and the NFL misled county voters and elected officials when they said a new stadium was needed to keep the team competitive and viable.

The Bengals finished 2-14 last season and have not been to the playoffs in 12 years. They open the season Sunday against Denver at the stadium.

Lawyers for the Bengals argued in June that the team had made reasonable efforts to field a competitive a team, just as team officials promised.

They said the contract does not require the team to win a certain number of games in order to keep the stadium lease viable for the county.

Hamilton County Common Pleas Judge Charles J. Kubicki did not elaborate on his reasons for dismissing Portune's lawsuit, saying only that the team's arguments were well taken.

"The team believed from the outset that this action had no merit," said Troy Blackburn, Bengals director of business development. "We are grateful that the court has seen it the same way."

Portune appealed the decision just a few hours after Kubicki issued his ruling. He said he was disappointed Kubicki did not explain his decision, but he's optimistic he will have more success with the appellate judges.

"My disappointment is on behalf of the taxpayers of the county, who I don't think have been given a fair shake," Portune said.

Portune has filed a similar lawsuit against the team and the NFL in federal court. That case is pending.

E-mail dhorn@enquirer.com