An Anne Arundel Circuit Court Judge denied the City of Annapolis’ request to dismiss an anonymous lawsuit over the City Dock Resiliency project Monday, according to a judicial order obtained by the Capital Gazette.
Circuit Court Judge Michael Malone’s Dec. 9 decision came days after the Annapolis Planning Commission approved plans for the proposed Maritime Welcome Center.
The lawsuit was filed in October on behalf of a “John Doe” by Annapolis lawyer Edward Hartman. It challenges approvals 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 Order Denying the Motion to Strike would appear to be confirmation that: 1. The City must abide by their own rules; 2. They agreed to the anonymity of the plaintiff; 3. My client has standing to pursue the appeal,” Hartman wrote in an email statement Thursday.
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; however, the suit could present more delays if a judge rules in Hartman’s favor to place a pause on the commission’s March and September rulings that approve plans related to the flood protection project, among other things.
“We believe that the case will be dismissed once a judge sees the facts,” Mayor Gavin Buckley said Thursday. “The city has never at any point recognized a John Doe.”
In an additional email statement, Buckley “urge[d] the anonymous complainant to put the community’s needs first or at least have the courage to come forward publicly to explain why their interests matter more.”
The Capital Gazette reached out to Whiting Turner, a Baltimore-based contracting company working on the project named in Hartman’s suit, but a representative did not return a request for comment.
The anonymous person is described in the suit as an Annapolis resident who has 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.
In response, lawyers for the city argued that it did not agree to allow the filer to be anonymous, adding that not knowing the filer’s identity prevents them from mounting an effective defense.
“The allegation regarding an agreement between parties as to the confidentiality of Petition is patently false,” Michael Lyles, attorney for the city, wrote in a motion Nov. 7. “The City never made any such agreement. Moreover, because the identity of the petitioner is unknown, the City is unaware as to whether or not Petitioner appeared at the hearings, testified at the hearings, and/or provided information regarding residency and/or the alleged impact on his property value and real estate taxes.”
However, Hartman maintains that city entered an agreement to protect his client’s identity, in addition to breaching that agreement. The suit also argues that “[t]he city’s insistence in wanting to know Petitioner’s identity further reinforces [their] concerns of retaliation,” Hartman wrote in a motion Nov. 22. The motion asked for the Court to deny the city’s request to dismiss the case.
“By denying anonymity, the Court would risk Petitioner’s refusal to pursue the case due to the price of being publicly identified. It is not in the interest of justice to have this case denied over a simple matter that does not affect the outcome of the case and does not prejudice the other party,” Hartman wrote in a motion Nov. 22.
A hearing for the case is scheduled for Jan. 15, according to court records.
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