An Anne Arundel Circuit Court judge let stand approvals related to flood protection construction at Annapolis City Dock, which had been challenged in a lawsuit filed by an anonymous plaintiff.
Anne Arundel Circuit Court Michael Malone’s ruling came Friday, nearly two weeks after he heard arguments. The lawsuit, filed in October on behalf of an unnamed resident, challenged approvals for a flood protection project by the Historic Preservation Commission in the downtown Historic District. It claimed the commission violated city law when approving actions, such as the demolition of the harbormaster’s office, and procedural rules during public hearings.
Annapolis lawyer Edward Hartman, who filed the lawsuit on behalf of the anonymous resident, argued the commission acted “arbitrarily and capriciously” when it “improperly approved” the flood protection application last year and asked Malone to reverse the decision. Malone wrote he “found no clear error or abuse of discretion on the part” of the Historic Preservation Commission.
“I thank Judge Malone for his thorough review of the HPC process and decision — especially because every delay drives up our costs,” Mayor Gavin Buckley said in a statement Monday. “This process has been community-driven for more than six years, and while decisions in city government can be frustratingly slow, that pace ensures we are hearing all sides and making thoughtful and sound decisions that best serve our community.
The lawsuit describes the anonymous plaintiff 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 repeatedly denied.
In his opinion, Malone disagreed with the petitioner’s argument that the commission violated Annapolis code in approving the demolition of the harbormaster’s office on Dock Street without any plans for a replacement structure.
“It is a building known for being merely an employee office building with no historical value or presence, and therefore is not subject to the Annapolis City Code requirement that it have a replacement structure,” Malone wrote.
The harbormaster’s office was relocated farther down Dock Street “earlier [in March]” to the left of the Latitude 38 restaurant, according to Mitchelle Stephenson, spokesperson for the city. It is unclear when the existing harbormaster’s office will be demolished.
Malone also agreed the commission was “compliant” with the rules of procedure in hearing and approving the applications.
“Pragmatically, this conclusion is further supported by the fact that petitioner, though remaining anonymous, claimed to have attended and given testimony at the meetings they themselves allege were a violation of procedure,” Malone said.
It is unclear if Hartman plans to appeal the decision.
“We are reviewing the opinion and order with our client and will come up with a plan of action going forward,” Hartman said.
While Malone’s judgment allows the flood protection project to move forward, the city is still waiting for approval of a $33 million grant from the Federal Emergency Management Agency to help pay for it.
The city is also facing a lawsuit filed by Historic Annapolis, an Annapolis-based preservation nonprofit, challenging the commission’s approval of the Maritime Welcome Center. The center, which will eventually replace the harbormaster’s office, is separate from the flood protection project and park. The lawsuit claims that the commission violated city law and development guidelines when deciding to approve the building.
As of Monday, the city has not filed a formal response in the court system, according to court records.
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