An Anne Arundel Circuit Court judge halted action on the City Dock flood protection project Wednesday to let an anonymous lawsuit against an Annapolis development commission proceed.

Judge Richard Trunnell’s ruling allows a lawsuit filed in October on behalf of a John Doe by Annapolis lawyer Edward Hartman to go forward. The lawsuit challenges moves made by the Historic Preservation Commission related to a flood protection project, claiming 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.

The suit describes the anonymous person as an Annapolis resident who previously testified at a public hearing about City Dock’s potential impact on property values and real estate taxes. It notes the filer’s identity is “confidential by agreement with the City of Annapolis,” which the city has repeatedly denied.

The city responded to the suit in early November with a request to dismiss the case, saying that not knowing the filer’s identity prevented it from mounting an effective defense.

Hartman maintained that not only did the city agree to protect his client’s identity, but it then breached the agreement. The “city’s insistence in wanting to know Petitioner’s identity further reinforces [their] concerns of retaliation,” Hartman wrote in a filing Nov. 22 asking the Court to deny the city’s request to dismiss the case. The judge granted Hartman’s motion on Dec. 9.

Court records show that the city withdrew its opposition to Hartman’s successful motion to pause action on the project Tuesday. Asked why the city withdrew its opposition, Mitchelle Stephenson, spokesperson for the city, said it was “procedural” to “expedite the process to get to the merits of the case.”

Now, the lawsuit moves forward as the city prepares for an appeal of Trunnell’s Dec. 9 ruling. During that time, the city cannot take any action on the contested approvals — which includes the demolition of the harbormaster’s office — according to Hartman. It is unclear when an appeal will be filed.

The city submitted an application for the demolition in June and renewed it in December, Stephenson said in an email; however, it is still awaiting approval, she said.

The demolition of the harbormaster’s office is not connected to the Maritime Welcome Center — which the Planning Commission approved in early December and is awaiting approval from the Historic Preservation Commission — according to Stephenson. The demolition of the building will, however, enable construction on undergrounding utilities and make space for the earthen berm park, which is part of the project being contested.

“We look forward to having our day in court so we can get on with the urgent work of protecting our city from flooding. We can’t afford to wait,” Mayor Gavin Buckley said in a statement.

Buckley introduced a resolution at a council meeting Jan. 13 “…demonstrating the Annapolis City Council’s support for the City Dock Resiliency Project and the urgency of protecting Historic Downtown Annapolis …” according to the resolution, which is scheduled for a final vote Jan. 27.

The timeline for construction on the project has already been delayed as the city awaits the approval of a $33 million grant from the Federal Emergency Management Agency.

Jessica Corace, an attorney representing the city at Wednesday’s hearing, declined a request for comment.

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