An attorney representing the hospital on Tuesday filed a five-page motion with the health-care commission asking that the city not be considered an "interested party."
If the health-care commission grants the hospital's motion, it would not have to consider the city's written comments and questions about the proposed move, Hagerstown Finance Director Al Martin said.
The city disagrees and will file a reply, he said.
The city has submitted questions to the commission that it wanted asked of the hospital.
James Hamill, hospital president and chief executive officer, said Tuesday night that the motion was written prior to the Monday meeting. The hospital had hoped the two parties would reach an agreement, making the filing unnecessary, but that didn't happen, he said.
Hamill said he sent a letter to Mayor William M. Breichner explaining the hospital's action but Breichner said he had not received it.
"He feels like we don't have a dog in the fight," Hagerstown Councilman N. Linn Hendershot said of the filing.
"I guess we will see how this plays out on the state level," Councilman Kristin B. Aleshire said during Tuesday's meeting.
Aleshire reiterated Tuesday that the city would be "negligent" if it did not push the hospital to answer questions about the affordability and accessibility of the proposed site.
City and hospital officials agree the hospital needs a new building, but the city is not convinced Robinwood is the most accessible, affordable site, Breichner said. If the Health Care Commission decides Robinwood is the best site, then the city will support it, he said.