City Dock Flood Protection Paused Until Lawsuit Decided, Planned Park Must Wait

ANNAPOLIS, MD — Construction cannot begin on the planned Annapolis City Dock Park until a judge rules on a lawsuit trying to block the downtown flood protection project.

Capital Gazette reported that Judge Richard Trunnell ruled Wednesday in Anne Arundel County Circuit Court that the lawsuit can proceed, complicating plans for the raised park intended to combat sea level rise.

This week's hearing resulted in a stay, an order to pause construction until a final court decision is made after hearing arguments.

The City of Annapolis "dropped opposition to the stay in order to move to judicial review," city spokesperson Mitchelle Stephenson told Patch in a Thursday email.

Stephenson said the city also filed a request to expedite the case.

Stephenson confirmed that park construction cannot begin until after the stay is settled, but she said "nothing is planned to start in the short term (next 30 days), so it was moot."

"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 (D) told Capital Gazette in a statement.

In the face of the lawsuit, Buckley is sponsoring a resolution to double down on the build.

Buckley on Jan. 8 filed Resolution 3-25, which would reaffirm the City Council's commitment to building the park. Buckley introduced the legislation at Monday's City Council meeting. The resolution will advance to a second read on Jan. 27.

A lawsuit filed in autumn 2024 by an anonymous group aspires to block construction on the park, expected to mitigate downtown flooding along Ego Alley. The suit alleges that the city violated its parliamentary procedures in approving the park and the associated demolition of the harbormaster's office, WJZ reported.

"We support the stay because we do not want to see the current harbormaster building demolished while there is pending legal challenge. This would set a dangerous precedent for preservation in the local historic district," preservation nonprofit Historic Annapolis said in a Friday newsletter.

The park would replace the current City Dock parking lot with a raised earthen berm. Walkways and passive recreation areas would wind through the public space, which would also have floodgates and floodwater pumping stations to shield nearby businesses.

The effort is slated to protect 70% of the downtown shoreline from 8 feet of flooding. The city hopes to cover the remaining coast in future projects that are still years away.

Designers said this would defend the historic district from sea level rise and worsening storm surges until 2060. The city would then need to reassess its protective measures. The United Nations projects Annapolis sea levels to rise at least a foot by the 2050s and at least 2 feet by 2100.

The park was previously scheduled to open in 2025. The finishing floodproofing touches were set to continue until 2026.

That timeline is now in jeopardy as the lawsuit and funding remain concerns.

The City Council already approved $71,373,363 for the project in its fiscal year 2025 budget.

The city also expects a $33 million grant from the Federal Emergency Management Agency, Capital Gazette reported. FEMA has not yet distributed those funds, however, so the city remains short of its funding goal.

Eye on Annapolis said the city saw a town-record 97 flood events in 2024.

January 2024 brought 5.1 feet of flooding, the city's third-worst flood on record. That inundation closed several waterfront businesses for weeks. The remnants of Tropical Storm Debby brought over 4 feet of storm surge last August, costing 19 businesses and nonprofits $162,000 in the city's eighth-worst flood on record.

"Our downtown businesses can’t afford to wait," Buckley said in a November 2024 press release announcing the lawsuit. "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 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."

The project also calls for the looming demolition of the harbormaster's office. The office would be replaced with a larger Maritime Welcome Center that still needs final approval.

Related:

• Buckley Pushes For City Dock Park Before Court Hearing: Reports
• Flood Cost Businesses $160K, Annapolis Declares State Of Emergency
• Homes, Businesses Flood As Hurricane Debby Remnants Soak MD: See Photos
• City Dock Park Clears Last Hurdle Before Annapolis Flood Protection
• City Dock Park Clears Hurdle, Residents Still Concerned About Flood Plans
• Flooded Businesses Reopen After Repairs In Annapolis
• Flooded Eatery Reopening Soon, Fundraisers Help Annapolis Business Recover
• Flooded Annapolis Businesses Frustrated With 'Threatening' Closure Signs
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