A Franklin County judge on Monday denied the request of the Columbus Crew soccer team owner and Major League Soccer to dismiss a lawsuit by the city of Columbus and the State of Ohio that seeks to keep the team in Columbus.

Columbus City Attorney Zach Klein and Ohio Attorney General Mike DeWine in March had filed suit against Crew operator Anthony Precourt and Major League Soccer, arguing that owner Precourt's proposal to relocate to Austin, Texas, did not comply with Ohio Revised Code.

A section of the code, R.C. 9.67, commonly known as the "Art Modell Law," states that an owner who has a tax-supported facility and receives government financial benefits cannot move the team without receiving permission or providing six months' notice and giving local government or local residents an opportunity to purchase the team. The previously untested law was enacted after Modell, then owner of the Cleveland Browns, moved the team to Baltimore after the 1995 season.

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Attorneys for defendants Precourt Sports Ventures LLC, Major League Soccer LLC and two others argued the Modell law does not apply to them because they receive no public financial assistance and because it is unconstitutional interference with their right to conduct business in interstate commerce.

Common Pleas Judge Jeffrey Brown ruled in a 56-page decision Monday against their motion to dismiss, clearing the way for the case to go forward.

"This is a big victory in a long legal battle and we are reviewing the judge's decision now to determine the next steps," Klein said in a tweet.

"We are pleased with the outcome of today's decision, and we look forward to the ongoing negotiations to keep the Crew here in Columbus," said Dan Tierney, spokesman for the Ohio Attorney General's office.

The Columbus Crew's ownership has no comment on the judge's decision, said spokesman Tim Miller.

Major League Soccer said in a statement it was disappointed by the judge's decision, but "very pleased" Brown's ruling agreed with MLS' position that the Ohio statute only requires local people have "a chance to buy" the soccer club. MLS said it is hopeful the Haslam and Edward families and the Columbus Partnership can come up with a plan to keep the Crew in Columbus and pursue plans for a new stadium. That would be a win-win, the league said, adding it is "fully committed" to Precourt Sports' to launch a team in Austin.

jwoods@dispatch.com

@Woodsnight

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