By Sharon Coolidge
The Cincinnati Enquirer

Hamilton County Commissioner Todd Portune wants to remove himself from a lawsuit he filed on behalf of taxpayers that accuses the Cincinnati Bengals and the National Football League of conspiracy and breach of contract involving the lease at Paul Brown Stadium.

The move comes on the heels of an Ohio Ethics Commission determination Thursday that Portune could not partake in any commission votes regarding the lawsuit.

Portune attorney Robert Furnier said he will file a motion to replace Portune with Colerain Township resident Carrie Davis both in state court, where the case is on appeal after it was dismissed last week, and in federal court, where a similar case is pending. Both courts must approve the substitution.

"I have tried as hard as I can to protect the taxpayers' interest and to obtain on their behalf recovery from both Cincinnati Bengals and the National Football League for the extraordinary costs of Paul Brown Stadium and the exorbitant clauses in the Bengals' lease with Hamilton County," Portune said.

Hamilton County Prosecutor Mike Allen, the county board's lawyer, said Portune was right to seek the ethics commission opinion. But Allen added that he hopes Portune will drop the lawsuit filed in Hamilton County Common Pleas Court.

"Now that the commission has said there is a conflict, coupled with Judge (Charles) Kubicki dismissing the lawsuit, I think we all need to step back and see if this lawsuit is really in the taxpayers' best interest," Allen said.

Portune asked the commission in July for an advisory opinion about whether he could participate in the county's deliberations and actions on claims against the Cincinnati Bengals and the National Football League while he served as the plaintiff in the lawsuit. The commission determined any ongoing activity by Portune in his dual capacity would be a conflict of interest.

Portune said he does not necessarily agree with the opinion, but will abide by it.

The lawsuit claimed the Bengals have failed to field a team that is good enough to maintain fan interest in the taxpayer-funded stadium. 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.

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

E-mail scoolidge@enquirer.com