Developer Crocker Partners LLC, which has been fighting Boca Raton for stonewalling its proposed development in Midtown Boca, accused city council members of secretly making decisions framing the project in violation of the state sunshine law.

Two or more council members communicated with each other with the help of a city staff member or another intermediary when deciding what to do next and how to vote on Midtown, according to a Palm Beach Circuit Court complaint.

The goal was to block any zoning or land development regulation that would allow a residential component in the district, according to the lawsuit filed Wednesday.

Florida law requires elected officials make all decisions at public meetings after a proper public notice. Direct and indirect communication between elected officials is prohibited outside public meetings.

“We believe that at a minimum more than one city council member was aware that the city attorney was shuttling information among the council people with some of their consent and knowledge and some without in violation of the sunshine laws,” said Angelo Bianco, Crocker managing partner.

This is Crocker's third lawsuit against the city over its planned development in the 300-acre Midtown district southwest of Interstate 95 and Glades Road. The company invested in three properties totaling 63.7 acres.

Crocker bought in only because the city in 2010 made Midtown a planned mobility district, a designation that incorporates housing, Bianco said.

Crocker doesn't specify who allegedly broke the government-in-the-sunshine law.

In response, the city didn't address specifics of the allegations, saying only that it hasn't been served.

“If and when the city is served with the lawsuit, we will review it and prepare an appropriate and timely response,” spokeswoman Chrissy Gibson said in an email Friday.

Mayor Scott Singer and council members didn't return requests for comment by deadline.

The issue dates back to a meeting on Jan. 23, 2018, when the council unanimously voted to indefinitely postpone adoption of regulations for Midtown residences and voted 4-1 to instead create a small-area plan with workshop input from residents, according to meeting minutes.

A city consultant and planning director Brandon Schaad held the first workshop May 23, 2018, and drafted a summary of public input calling for only low- to mid-density residential construction, according to the complaint.

Crocker claims some council members secretly communicated with each other and agreed to direct Deputy City Manager George Brown to edit Schaad's summary to delete any reference to the public wanting residences in Midtown.

The original memo read, “The preponderance of concepts from the public visioning session included residential uses at a suitable low to mid density and height.” A revised version noted discussion about residential development, and added, “There was also opposition to residential development at any density.”

The consultant recommended residential development at a council meeting on Aug. 20, 2018. The council directed staff on Oct. 9, 2018, to move forward with a second workshop.

Instead, the city attorney wrote a memo about five weeks later saying the council decided to end the workshop exercise, and the consultant was dismissed, according to the complaint.

“Obviously, there were secret, nonpublic communications among council members and others that led to the city attorney's memorandum,” the lawsuit said.

The complaint alleged more secret council communications before a Jan. 8 meeting when development regulations were approved for Midtown without housing.

Crocker's Midtown assets are an office buildings and a 256-room Marriott hotel at 5150 Town Center; the 11-story One Town Center office building at 1 Town Center Rd., and vacant land; and the 10-story Plaza office building at 5355 Town Center Rd.