


A judgment in a lawsuit that has stalled flood prevention construction at Annapolis City Dock likely won’t come for another two weeks, the presiding judge said Monday.
Anne Arundel Circuit Judge Michael Malone delayed a ruling in the lawsuit challenging the project because of delays in the day’s court docket and a lengthy hearing on the case that was punctuated by a brief courthouse power outage.
A ruling in January paused all work on the City Dock flood protection project and park.
The lawsuit, filed in October on behalf of an unnamed resident, challenges moves made by the Historic Preservation Commission regarding a flood protection project. It claims the commission violated city law when approving things such as the demolition of the harbormaster’s office. In addition, the suit alleges procedural rules violations during public hearings.
Annapolis lawyer Edward Hartman, who filed the lawsuit on behalf of the anonymous resident, argues the commission acted “arbitrarily and capriciously” when it “improperly approved” the flood protection applications last year and asked for the decisions to be reversed. If Malone rules in Hartman’s favor, the city may have to seek re-approval of the site plan for the flood protection work and the park.
The lawsuit describes the anonymous person as an Annapolis resident who previously testified at a public hearing about the City Dock project’s potential impact on property values and real estate taxes. It states the filer’s identity is “confidential by agreement with the City of Annapolis,” an assertion the city has repeatedly denied.
“These failures not only prejudice petitioner’s rights but also undermine the regulatory framework designed to promote transparency and efficiency,” Hartman wrote Feb. 13.
The city has defended the commission’s decisions, arguing it had “a sufficient legal and factual basis” to approve the applications.
City legal filings also defend the decision to demolish the harbormaster building. The city wants the case dismissed, arguing the petitioner does not have legal standing because the city is unable to verify if they are a city resident.
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