Browns want hurry-up, but Cleveland seeks delay Team proposes Dec. 4, city March 3 for trial

November 28, 1995|By Jon Morgan

Just when it seemed the city of Cleveland and the Browns couldn't get any farther apart, they did just that yesterday.

Having failed to agree on a trial date over the weekend, the two sides, under orders from Cuyahoga County Common Pleas Court Judge Kenneth Callahan, submitted their preferences to the court.

The team says it's all set to go, and suggested a Dec. 4 date. The city, pleading a need for extensive pretrial investigation of team allegations, suggested March 3.

The judge Friday issued an order preventing the Browns from moving until the trial, at which he will decide if the team can legally move before its lease expires at the end of 1998. The team, which could appeal the outcome of the trial more easily than the temporary order issued Friday, wants to move the process along.

A move to Baltimore, which the team wants to accomplish by next season, may have to wait until the issue is resolved.

"Generally you have a couple or three years before you go to trial in a civil case, so three months is actually quite modest," said George M. von Mehren, an attorney for the city.

Dennis M. Kelly, representing the team and its related stadium operating company, said: "We indicated to the court we ought to get right to the trial using as evidence much of the material submitted at the hearing."

It will be up to the judge, who presided over a three-day hearing last week, to pick a date.

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