Election officials can certify a ballot question concerning the effort to redevelop Baltimore’s Inner Harbor, the Supreme Court of Maryland said in a decision handed down Thursday.

The decision reverses an earlier one from Anne Arundel Circuit Court Judge Catherine Vitale, who ruled in September that election officials could not certify the results of a related ballot question known as Question F. The question’s wording was too confusing and its subject was “not proper charter material,” she said, siding with attorney Thiru Vignarajah, who brought the challenge on behalf of a group of city residents.

In its six-page opinion, the Supreme Court ruled that the lower court had erred in ruling in the challengers’ favor, and that Question F is not, in fact, “improper charter material.” In other words, any votes cast for Question F will be counted in the Nov. 5 election.

Vignarajah said he and his group were disappointed with the decision, but would turn their attention to encouraging residents to vote against Question F. He hinted at putting forth an amendment to repeal the question, if it passes, in the 2026 election.

Question F would allow MCB Real Estate to replace Harborplace’s aging shopping and dining pavilions with four taller buildings that would include office space and a conjoined 32-story tower with 900 apartments and off-street parking. It would also add a new park, two-tier promenades and realigned roadways.

City officials, including Mayor Brandon Scott, have celebrated it as a chance to revitalize the city waterfront, which has deteriorated in recent years. The ambitious project, led by Baltimore-native P. David Bramble, could cost $900 million, almost half of it in public funds.

Voters need to approve the rezoning allowing it because the city charter protects part of the Inner Harbor from development.

Vignarajah appeared Wednesday in the high court against Dan Kobrin, an assistant attorney general representing the State Board of Elections, and Michael Redmond, the city’s chief solicitor. Redmond and Kobrin argued Vignarajah’s challenge less than two months before Election Day shook voters’ confidence in the election process, causing “ballot chaos” and robbing city residents of their “right to self-determination.”

Scott also said opponents were content to let Harborplace languish until “the moment a Black man from West Baltimore decides to intervene.” Officials cheered Thursday’s decision, with Bramble saying he had “always been confident” the court would rule in his and the city’s favor.

“Baltimoreans share our vision for a reimagined Harborplace and Inner Harbor Park and we look forward to them voting Yes on Question F in November,” he said in a statement.

“We’re thrilled that the Maryland Supreme Court saw through this charade of opposition-at-any-cost and ruled that Baltimore’s residents were capable of making their voices heard on the future of Harborplace,” a statement from the mayor’s office said. “This revitalization is long-overdue, and we are looking forward to this ballot question passing so we can ensure the future of one of our City’s best assets remains bright.”

Councilman Eric Costello, whose district includes the Inner Harbor, had previously characterized the challenges to Harborplace as voter suppression.

“The attempt by a tiny group of opponents to use the legal system to block Baltimore residents from using their constitutional right to have their voices heard at the ballot box was soundly rejected by the Supreme Court,” he said in a statement posted to X. “The future of our city is back in the hands of the voters, where it belongs.”

Vignarajah, a four-time city office candidate, previously tried to stop Harborplace’s redevelopment via an opposing ballot measure but failed to gather enough signatures to qualify.

“We lost a legal battle today but the war to protect our city’s parks from private developer is far from over,” he said. “And, with greater clarity from the (Supreme) Court, even if it passes, I expect we’ll push for a ballot measure to protect our parks and repeal this pro-developer amendment in 2026.”

Got a news tip? Contact Lia Russell at lrussell@baltsun.com, 667-334-9198 and on X as @LiaOffLeash.