The North Carolina Court of Appeals has upheld a lower court ruling that sides with the owners of the private transportation system that provides service to and from Bald Head Island.
A three-judge panel ruled the Village of Bald Head Island does not have the right of first refusal to accept a third-party offer to buy the privately owned ferries, trams and barges.
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According to the ruling, filed Wednesday, a 1999 arrangement between the ferry owner and the village is null because it was never signed off by the N.C. Utilities Commission.
Appellate Judge Jefferson Griffin stated in the ruling that it is “inconsequential now” as to who was obligated to get the commission’s approval.
“The two parties do not dispute that approval was never obtained,” Griffin wrote.
Judges Valerie Zachery and Julee Flood concurred in the ruling.
In an email message to village property owners late Wednesday, Mayor Peter Quinn said the village is reviewing the decision.
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“In the meantime, we continue to engage with BHI Limited and BHI Transportation to support them in their service to our community and work with them in responding to our community’s concerns,” Quinn wrote.
The ruling is the latest in what marks a long-running dispute over the sale of the only ferry service system to the village.
Bald Head Island Limited petitioned the utilities commission in 2022 to approve the sale of the ferry and tram operation to SharpVue Capital, LLC, a Raleigh-based investment company.
The village, Bald Head Island Association and Bald Head Island Club intervened in the proceeding and, in August 2023, the commission approved the sale, subject to certain regulatory conditions meant to protect ferry customers.
The village appealed, arguing that the commission’s order did not go far enough in safeguarding customers into the future.
Last November, a different three-judge panel rejected the village’s request.
