Ocean City Council tables Boardwalk subcommittee resolution after litigation-hold warning

Council President Terry presided over a contentious debate on two resolutions stemming from the Boardwalk Subcommittee's final report, and the council voted 4–3 to table Resolution 26235 after receiving counsel's advice tied to a litigation-hold notice from Ocean City 2050's attorneys.

David, the council member who pulled the resolution, said the July 17 litigation-hold notice directed preservation of documents related to 600–640 Boardwalk and advised that taking formal action could increase city liability. "These two resolutions tonight... are in fact part of [the] litigation hold notice and may become relevant to an anticipated or pending legal dispute," he said, and moved to table the measure based on counsel's recommendation. Opponents said tabling signals distrust of the volunteer subcommittee and stalls necessary planning. Lisa Tift, a resident who addressed council, urged adoption of the report as a resource and said adopting it would "send an important message to the public" that the subcommittee's volunteer work matters.

Council discussion focused on whether adopting the report as a nonbinding "resource" would constitute formal action. Supporters of the resolutions said the documents are intended only to inform the Planning Board and future negotiations; those urging caution cited advice from the city's attorney and the pending threat of litigation. The roll call recorded the tabling motion as passing 4–3. The meeting record shows the council subsequently proceeded with other consent-agenda items and referred aspects of the report for further study rather than immediate adoption.

The city did not announce any immediate legal filings from Ocean City 2050 during the meeting. Council members said the Planning Board can review the subcommittee report in its next meeting and that the city can continue internal review without taking the formal steps that, according to counsel, might increase exposure.