The Village of Bald Head Island’s legal dispute over the sale of the only ferry service system to the island has come to end.
Mayor Peter Quinn announced Tuesday afternoon that the Brunswick County Clerk of Superior Court filed a final judgement earlier that day, bringing “all aspects of the litigation surrounding the transportation system to an end.”
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“The Village Council voted to waive its right to seek discretionary appellate review of the court’s ruling on the Right of First Refusal to purchase the transportation system,” Quinn wrote. “The final legal outcome with respect to the transportation system fell short of what the Village had hoped for in undertaking these efforts.”
Quinn’s announcement comes a little more than a month after the North Carolina Court of Appeals upheld a lower court ruling that sided with the owners of the private transportation system.
The three-judge panel ruled that the village does not have the right of first refusal to accept a third-party offer to buy the ferries, trams and barges.
In 2022, Bald Head Island Limited petitioned the N.C. Utilities Commission 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.
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An appellate court in November 2024 rejected that argument.
“Ultimately, the litigation established a clearer definition of the role of the Utilities Commission in regulating service, schedule, and fees,” Quinn wrote. “The Village remains committed to supporting Bald Head Island Limited in providing our community with the best possible transportation system. Toward this end, we will continue to engage with them and their successor.”
According to Quinn’s letter, the village has spent more than $3.8 million since 2020 on outside legal, utilities, bond counsel, expert witness, advisory, and financial consultants.
“Excepting minor miscellaneous expenses, my understanding is that our accounts are current. At the end of the fiscal year, unused monies budgeted for these expenses will be rolled into the Village’s general fund,” Quinn wrote.
