North Carolina Appeals Court Greenlights Bald Head Island Ferry Sale
The North Carolina Court of Appeals has upheld a decision by the state Utilities Commission, allowing the sale of the Bald Head Island ferry system for $56 million to private firm SharpVue Capital. The Village of Bald Head Island had opposed this sale, citing risks associated with transferring ownership.
In a unanimous unsigned opinion, a three-judge appellate panel affirmed that the Commission had adequately addressed the Village’s arguments. The judges emphasized that while the Village raised concerns about the potential risks of the sale, they did not dispute the Commission’s findings on the benefits of the transfer. The court affirmed that the Commission’s thorough review supported their conclusions regarding public convenience and necessity.
The decision also maintained that ratepayers are appropriately safeguarded against identified risks of the transfer, stating that the current reasonable rates would remain unchanged. A separate ruling by the Appeals Court on Oct. 15 upheld the Utilities Commission’s authority to regulate the mainland parking lot associated with the ferry service while ruling against the regulation of a related barge service that transports goods to the island.
The legal conflict arose following the interest expressed by the Village in purchasing the ferry system, barge, and parking lot. The Village’s attorney argued that the operations are interconnected and that the sale could lead to negative consequences for island access and investment. Conversely, the ferry operates solely through its connection to the mainland, with current rates established as recently as 2010.
Bald Head Island, located off the coast of North Carolina, is accessible exclusively by boat, with restrictions on personal vehicles due to its unique environment. This ruling marks a critical development in the ongoing legislative and operational landscape of the island’s transportation system.
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