The timeline for the start of flood prevention construction at Annapolis City Dock could be delayed even further due to an anonymous legal complaint challenging the Historic Preservation Commission’s approval of the project.

The lawsuit, filed Oct. 23 on behalf of a “John Doe” by Annapolis lawyer Edward Hartman, challenges approvals made by the Historic Preservation Commission in March and September, claiming that the commission violated city law when approving measures such as the demolition of the harbormaster’s office without presenting plans of a replacement building. In addition, the suit alleges violations of rules of procedure 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 his property values and real estate taxes. It notes the filer’s identity is “confidential by agreement with the City of Annapolis,” which the city denies.

“There is no agreement, and never has been, between the City or any party, to maintain anonymity on this or any matter,” said Annapolis Mayor Gavin Buckley in an email Wednesday afternoon.

The approvals that are now being challenged reference a massive $72.1 million redevelopment project including turning the pay-to-park area from Craig Street to Susan Campbell Park into a raised earthen berm meant to hold back water. In addition, there is a flood barrier system connecting the U.S. Naval Academy on Prince George Street, wrapping around Ego Alley and ending at Compromise Street. A planned park will feature a fountain, a pergola and a stage, among other amenities also part of this approval.

In September, the commission considered “amendments” to the project, such as the installation of underground electrical work, among other things. The suit argues the Historic Preservation Commission did not reach a majority vote in its decision.

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. With this suit, the city anticipates more delays.

“Our downtown businesses can’t afford to wait,” Buckley said in a statement Tuesday. “To be clear, I am confident our team has gone above and beyond to be transparent, to provide opportunities for public participation, and to follow the City Code in [the] development and approvals of the City Dock resiliency project. Due to the anonymous nature of this filing, it is impossible to understand the motivation behind the lawsuit thereby blunting our ability to adequately defend against it. What the lawsuit will bring is costly delays, degradation of historic structures, and, inevitably, more downtown flooding.”

It is unclear how the city plans to respond to the suit. Asked to elaborate on his initial comments, Buckley said in an email Wednesday that “[b]ecause the petition for judicial review is brought on behalf of anonymous claimants, we have no way of understanding whether there are real persons with legitimate claims behind the petition, which has implications for how we can prepare our response.”

“Contrary to the assertions of the City in their press release [on Tuesday], the Administration and specifically the City Office of Law have been aware of my clients’ positions for at least seven months,” Hartman wrote in a statement Wednesday. “The City entered into an agreement to follow certain protocols to ensure transparency and accountability; the City then breached that agreement, attempting to rescind it without any basis.”

Whiting-Turner, a Baltimore-based contracting company named in the project’s applications as well as Hartman’s suit, did not return a request for comment. It is unclear if a contract has been awarded for this project.

“The Office of Law is reviewing the filings and will decide the City’s response. In the meantime, the City continues to move forward with all necessary planning to implement this urgently needed resiliency project,” Buckley said in an email.

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