Bald Head Island remains part of several lawsuits. Here's what to know.

Renee Spencer, Wilmington StarNews
·2 min read
The Bald Head Island Ferry System remains in limbo as the courts weigh in on utility status and an alleged right of first refusal.
The Bald Head Island Ferry System remains in limbo as the courts weigh in on utility status and an alleged right of first refusal.

Disputes about sand, a road closing, and the sale of the Bald Head Island Ferry System have kept the Village of Bald Head Island in the headlines and in court in recent years.

Here are those cases and their statuses.

Thomas et al v. Village of Bald Head Island et. al

In the case, plaintiffs Scott Thomas, Amy and James Dunn, Dave and Penny Emonson, and John Farabow allege the Village did not follow statutory procedures when it permanently closed the west end of Lighthouse Wynd. They further allege this road closure is “detrimental and contrary to the public interest.”

According to Carin Faulkner, spokeswoman for the Village of Bald Head Island, the Brunswick County Superior Court dismissed the petitioners challenge on September 16, 2022. The case was then appealed to the N.C. Court of Appeals. The petitioners filed an appellants’ brief on April 19, 2023 stating the lower court erred in its decision to dismiss the case. Faulkner said the Village’s brief is currently due on May 19.

Village of Bald Head Island v. Bald Head Island Limited, LLC et al., North Carolina Utilities Commission

In this case, the Village is challenging the sale of the ferry system and associated assets by Bald Head Island Limited and Bald Head Island Transportation Inc. to a private entity, SharpVue Capital, LLC. In December 2022, the Commission ruled the barge and associated parking facilities should be considered utilities and therefore, the sale of these assets would be subject to the Local Government Commission’s approval.

The ferry and tram were already considered public utilities, and the hearing, which was set to begin in late January was postponed. Bald Head Island Limited has appealed the Commission’s December 2022 decision, and that hearing concluded in late March. At press time, no decision had been rendered in the case.

More: For now, one Brunswick place is shutting down most development. Here's what to know.

Bald Head Island Limited, LLC and Bald Head Island Transportation, Inc. v. Village of Bald Head Island

In January 2023, Bald Head Island Limited Inc. and Bald Head Island Transportation LLC filed a lawsuit against the Village of Bald Head Island alleging a Right of First Refusal document from 1999 is unenforceable. In the suit, Limited requests the court rule that the 1999 document is invalid and remove the cloud on the title of the ferry system and related assets. In an email update to island residents, mayor Peter Quinn said the Village intends to fight the lawsuit to protect its “contract right to match a bona fide, third-party offer.”

The case has yet to be decided.

This article originally appeared on Wilmington StarNews: Bald Head Island embroiled in legal battles, awaits verdicts