Fate of crucial Inner Harbor revitalization ballot question up to Maryland's highest court

BALTIMORE -- Maryland's Supreme Court heard an appeal on Wednesday on a crucial ballot question needed for the revitalization efforts at Baltimore's Inner Harbor. 

The state's highest court does not have a deadline to make its decision.

An Anne Arundel County judge ruled Question F, which asks voters if they are OK with rezoning portions of the Inner Harbor so that a developer can build on it, unconstitutional. However, Baltimore City and the Maryland Board of Elections filed an appeal.

Question F asks voters if they would support removing a special zoning designation for a section, 4.5 acres, of the Inner Harbor, which would allow for future actions, such as rezoning, to make way for major development projects, including the Harborplace redevelopment project.

Baltimore-based developer MCB Real Estate plans to tear down the existing pavilions along the Inner Harbor to build a mixed-use complex that would include high-rise buildings  

Currently, Question F will appear on the ballot but the results will be nullified.

This is one of several Baltimore City ballot questions that have been reviewed this year, including the Baltimore Baby Bonus proposal and a question about changing the property tax rate in the city. Both questions were thrown out by the state's Supreme Court.  

"Word salad masquerading as a ballot question"  

Thiru Vignarajah, an attorney for a group of Baltimore residents opposed to the question, argued in court that most Baltimoreans can't understand the question and that the wording is confusing.

"You've got a resolution that is word salad masquerading as a ballot question," Vignarajah said.

The question calls for the removal of "public park" status for the Inner Harbor Promenade to make way for more mixed-use development, including the massive, nearly billion-dollar Harborplace plan.

Vignarajah filed two cases against Question F -- one in the Baltimore City Circuit Court and one in Anne Arundel County.

Lawsuit filed late

Attorneys representing Baltimore City and the Maryland Board of Elections argued in court that the lawsuit was filed too late and after a 30-day judicial review period.

"Those are the items that the state board of elections is responsible for when it certifies the content and arrangement, not the substantive legality, underlying questions candidates or any other issues attendant to the election," said David Kobrin, assistant attorney general and counsel to the Maryland Board of Elections.

Gatekept by the city

Vignarajah argued that the question and specific language were gatekept by the city and that the people he represents requested access to the question in April and August. He added that one person emailed the city and attorney general asking for specifics. 

The state says Baltimore City filed Question F with the Board of Elections on Aug. 2.

"That language was then ascertainable from the city law department, from the state Board of Elections, and these appellees, then plaintiffs took absolutely no effort whatsoever to get it after Aug. 2," Kobrin said.

Ballot question on the city's charter?

The Baltimore City Council has passed two bills that would allow rezoning if this charter amendment is deemed constitutional, according to Vignarajah.

He claims Question F would rezone the land and that decision should not be permanent in the city's charter.

"If this zoning regulation is cemented into the city charter, that zoning regulation, a classic piece of legislation, can now only be removed by a charter amendment," Vignarajah said.

The city argued that Question F does not require anything specific, but would rather allow specific changes to happen in that special subdistrict.

"The charter amendment does not require any zoning," said Michael Redmond, chief solicitor for Baltimore City. "It says some can't happen. That is entirely its discretion, and that is the kind of decision that was made legislatively in the zoning bills."

Vignarajah says this decision could come down after the election and that voters should consider what they want to see at the Inner Harbor.

"We think the people of Baltimore are clear that they want to preserve the Inner Harbor as a park, not transfer it over to private developers to turn into luxury apartments and parking garages," Vignarajah said.