The Bengals' lease agreement for Paul Brown Stadium survived a legal challenge Tuesday.

        A judge ruled the lease was legal despite provisions that even tually will allow the team to play in the $453 million stadium without paying rent.

        Cincinnati lawyer Tim Mara had challenged the lease in a lawsuit that claimed the county's agreement with the Bengals violated Ohio's constitution.

        Mr. Mara said the lease was so lopsided in favor of the Bengals that it was nothing more than a government subsidy of a private business.

        But Common Pleas Judge Thomas Nurre concluded that the agreement is legal because it charges the Bengals rent for the first 10 years of the 30-year lease.

        “What is vitally important here is that the Bengals do pay for using the stadium,” the judge wrote in a three-page decision. “How those lease or rent payments have been split up over time was for the defendants and the Bengals to work out amongst themselves.”

        Mr. Mara's lawsuit also challenged a provision in the lease that gives the Bengals control over the use of riverfront land around the stadium.

        Judge Nurre did not rule on that challenge Tuesday, saying he wanted more information before deciding.

        Mr. Mara said he was disappointed in the judge's decision on the lease agreement.

        “I'm surprised,” he said. “I thought that was the strongest part of the suit.”

        County Administrator David Krings said the judge made the right call.

        “I didn't think (the lawsuit) had a whole lot of merit to begin with,” Mr. Krings said.

        Despite the defeat, Mr. Mara said he's confident his lawsuit has forced the county and the Bengals to be more careful with tax dol lars.

        Mr. Mara voluntarily dropped several complaints from his lawsuit this year when the county made changes in the lease.

        One change came when the Bengals agreed to drop a provision that required the county to buy unused tickets if the team did not draw crowds of at least 50,000.

        “We certainly have accomplished something with this suit,” Mr. Mara said.

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