On Monday, the Maryland Supreme Court is set to hear a challenge to Baltimore City Ballot Question F. It’s one of nine ballot measures city voters will have a chance to weigh in on and it’s at the center of quite a bit of controversy.

Emily Hofstaedter from the WYPR news team joined Ashley Sterner on Morning Edition to try and help make sense of the matter.

Emily: Hey Ashley! Question F is all about redevelopment plans for Baltimore’s Inner Harbor, or Harborplace.

Ashley: And Question F is on the mail in ballots that many listeners have already received. Does the dispute mean voters are voting on something that’s not going to be certified?

Emily: Potentially, yes. But the question is on the ballot regardless, so maybe it’s helpful to break down the question and then we can get into the court dispute?

Ashley: Let’s do it.

Emily: A little background: last Halloween, local developer MCB Real Estate announced plans to completely rehaul the crumbling infrastructure at Baltimore’s Inner Harbor. They would rehaul and lift the promenade and also raze the mostly empty pavilions that have adorned the harbor since the 70s. MCB plans to add more green space, retail shopping, an amphitheater, and here’s the really controversial part: about 900 apartment units, many of those contained in a two-tiered 32 and 25 story apartment tower. And, of course, with that would be some residential parking.

Ashley: But in order to do that, they need approval from voters?

Emily: Right. While MCB Real Estate owns all the development rights at Harborplace and the buildings would be privately owned… the Inner Harbor area is technically a public park and so some of the changes MCB wants to do cannot happen without a vote from city residents. The current charter allows for eating places and commercial uses, so restaurants and retail, but not multi-family housing or off-street parking. Question F would allow both of those things.

Ashley: And there is a whole bunch of city land at play here.

Emily: There is! Essentially, Question F asks voters if they want to expand the footprint of the Inner Harbor area that could be used for development at that public park. Right now that area is about 3.2 acres but if voters go for this new charter language, that area would be 4.5 acres and would essentially bring McKeldin Square into Harborplace.

Ashley: As we mentioned, the question is currently caught up in the courts. How did that happen, and what’s it mean for voters?

Emily: So the measure was challenged back in mid-September by a group of Baltimore residents, including former city councilman Anthony Ambridge and Ted Rouse– whose father James Rouse developed the original Harborplace in the 1970’s. Attorney and two-time mayoral candidate Thiru Vignarajah filed a challenge on their behalf just hours before ballots went out for printing, alleging that the question was “gibberish” and “confusing”. The overwhelming feeling among that group is that allowing housing there goes too far in privatizing that space.

Ashley: And that challenge was heard by Anne Arundel County Judge Cathleen Vitale back on September 16th. She sided with those Baltimore residents.

Emily: That’s right, not only did she agree that the charter question is confusing, she also ruled that it wasn’t proper charter material, saying amendments are supposed to address the form and function of city government, which she said this doesn’t do. So she nullified the question. And all this happened after ballots went out for printing. Vitale decided that ballots would go out, and voters can select “yes” or “no” on the question and those answers will be tallied, however, they will not be certified. So we’ll know how many people voted “yes” or “no” but the question is null, they won’t count.

Ashley: On Monday the Supreme Court is hearing a three part appeal from the State Board of Elections, Baltimore City AND MCB Real Estate: what could happen then?

Emily: Well, the court could stand by Vitale’s decision or they could side with the State Board of Elections in which case, the question could be certified.

Ashley: How quickly could a decision come?

Emily: It could be Monday, it could be a few days later.

Ashley: So what should as I do as a voter?

Emily: Well, I can’t tell anyone how to vote but as a Baltimore resident myself, I am going to think about what I want for the future of Harborplace and then vote accordingly, just in case the vote is ultimately certified.

Ashley: So I guess we’ll just have to wait to see what the courts say. Emily, thanks so much for breaking things down for us.

Emily: A pleasure, thanks Ashley!