By Sharon Turco
The Cincinnati Enquirer

For three hours on Thursday, attorneys for the Cincinnati Bengals and the National Football League argued that Todd Portune had no legal right to sue them for $200 million-plus over the team's lease with the county.

The decision to allow the lawsuit to go forward is now up to Hamilton County Judge Charles J. Kubicki. He gave no time frame on when he would make a decision.

Portune, a Hamilton County commissioner, sued the Bengals and the NFL in January alleging fraud, civil conspiracy, antitrust violations and breach of contract involving the lease at Paul Brown Stadium.

County commissioners voted not to pursue such litigation, so Portune filed the lawsuit as a taxpayer.

The complaint, which called the Bengals "the worst team in professional football, perhaps the worst team in professional sports," seeks a ruling that the stadium lease has been breached, a declaration that the lease is voidable at the county's discretion, and more than $200 million in damages from the NFL and its member teams.

Portune also alleged that the Bengals have failed to sustain fan interest to make the stadium lease viable for the county.

The lawsuit lists four counts for which the suit seeks relief: fraud, civil conspiracy, restraint of trade and breach of contract.

In Thursday's hearing, Cincinnati attorney Robert G. Stachler, on behalf of the Bengals, attacked Portune's allegation that the Bengals breached their contract with the county. The complaint states, "Since signing the lease, Bengals ownership has not used reasonable efforts to sustain fan interest essential for Hamilton County to profit from the lease."

Stachler argued that reasonable efforts are not defined and accused Portune of basing it on wins and losses, something that is not referred to in the contract.

The Bengals were 2-14 this past season.

The NFL's attorney, Gregg H. Levy, attacked Portune's accusations of fraud and civil conspiracy.

Portune said the Bengals misrepresented to county voters and elected officials that a new stadium was needed to keep the team "competitive and viable." Levy, who is based in Washington, D.C., said NFL teams had nothing to do with the county's lease agreement with the Bengals, nor did any privately held team have to share financial records.

E-mail sturco@enquirer.com