A judge on Friday threw out a lawsuit against the Cincinnati Bengals and the NFL that accused them of violating the team’s lease for the taxpayer-financed stadium with their poor play.
Judge Charles J. Kubicki Jr. of Hamilton County Common Pleas Court granted the request that the Bengals and the NFL argued three months ago, to dismiss the lawsuit by county commissioner Todd Portune.
The team and the NFL said there was no basis for the lawsuit, which Portune filed as a taxpayer.
Portune’s lawsuit said the Bengals failed to field a competitive team and, therefore, should renegotiate terms of the 1997 lease they signed with Hamilton County for Paul Brown Stadium, which opened in 2000.
Last year, the Bengals went a league-worst 2-14.
The $458 million stadium was paid for by a half-cent sales tax increase that county voters approved in 1996.
On the verge
With two star players all but assured of moving up in the record books, it’s too bad the St. Louis Rams are opening on the road for the third straight season.
Against the New York Giants on Sunday, quarterback Kurt Warner needs two completions to pass Drew Bledsoe (1,079) for most completions in the first 50 starts since 1970.
Marshall Faulk needs 117 all-purpose yards to pass Thurman Thomas and move into the top 10 on the career list. He enters the year with 16,415 yards.
TEAM, SYNOPSIS
Philadelphia Eagles
Starting DE Derrick Burgess tore his Achilles’ tendon in practice Friday and is expected to be out for the season. Burgess, a third-round pick in 2001, missed 15 games and the playoffs after breaking his foot last September against Tennessee.
Detroit Lions
Undrafted rookie RB Avon Cobourne was held out of practice Friday and listed as questionable for Sunday with hamstring and shoulder injuries. Cobourne, Shawn Bryson and Olandis Gary are expected to share time in the backfield.
New York Jets
On 3rd-and-1 of a potential game-winning drive in Thursday’s loss to Washington, Vinny Testaverde and LaMont Jordan ran into each other in the backfield. The result was a 4-yard loss. The Jets’ tepid offense finished with just 158 total yards.
Miami Dolphins
WR Oronde Gadsden accepted an injury settlement for a dislocated foot and ankle injury, which will pay $52,941 and keep him off injured reserve. He is allowed to return to the team on the 11th week, assuming the Dolphins want him back. Gadsden is free to sign with another team at any time.
Indianapolis Colts
Coach Tony Dungy was worried after Thursday’s practice when he saw his starting QB with an ice bag taped to his right knee. As it turned out, the only thing wrong with Peyton Manning’s knee was an unfortunate meeting with a bee. Manning showed no ill effects of the bee sting during Friday’s workout.
Tampa Bay Buccaneers
LB Shelton Quarles is expected to be out 6-8 weeks after he has surgery on his broken left forearm and elbow Saturday. TE Tony McGee was released and TE Daniel Wilcox was signed.




