By Cindi Andrews
Enquirer staff writer

Lawyers for Hamilton County will suit up today to tell a judge why the county should be allowed to take the field against the Cincinnati Bengals and the National Football League.

The county commissioners voted this spring to join a taxpayer's lawsuit accusing the team and the league of illegally using their monopoly power to get a new stadium and favorable lease terms.

The suit seeks up to $600 million in damages.

Commissioners acted after U.S. District Judge S. Arthur Spiegel indicated the case had merit. But Spiegel has not yet ruled on whether the county can replace Groesbeck resident Carrie Davis as the plaintiff. It's unclear whether that decision will come at this morning's hearing.

Lawyers for the Bengals and the NFL are opposed. They've asked Spiegel to reconsider his February ruling that Davis has the right to sue, and argued that the county should have to file its own suit.

"If the commissioners wish to sue the defendants, they may - if they have or can secure lawful authority to do so - file a separate action, but plaintiff (Davis) cannot catapult them into her suit," Bengals attorney Robert Pitcairn and NFL attorney Ken Seibel wrote in May.

Starting over would be a waste of time and money, replied Robert Furnier, Davis' attorney: "Apparently, defendants want a second chance to reargue many of the same issues that this court has already decided, perhaps with another judge."

County Commissioner Todd Portune first filed the federal lawsuit last year as an individual. Davis, who had unsuccessfully filed a similar suit, petitioned to replace Portune in his suit so he could vote with Commissioner Phil Heimlich to have the county join it.

Portune's vote was crucial because the third commissioner, John Dowlin, sided with Hamilton County Prosecutor Mike Allen in opposing quick legal action.

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E-mail candrews@enquirer.com