Wilmington Water Tours will be allowed to continue operating from a dock along the Cape Fear River after a judge's ruling Wednesday.
Dozens of community members gathered at the New Hanover County Courthouse Wednesday for a pivotal hearing central to a lawsuit poised to effect the business' operations.
Wilmington Water Tours has been operating from a dock on the river for 15 years, said Doug Springer, co-founder of the company. A lawsuit filed by the Riverwalk Condominiums of Wilmington Unit Owners Association Inc. threatened to alter that reality.
Martin Gallan of Gallan Holdings LLC, the defendant in the lawsuit, owns three condo units and eight Riverwalk boat slips, according to Wednesday's hearing. Springer leases two dock slips from Gallan and owns one condo unit from which he operates his business.
A third dock slip is leased from Gallan by Rob Pickett of Picket Investments LLC, the owner of an 85-foot yacht, according to the hearing. Pickett's boat is no longer docked at the Riverwalk slip.
In September 2023, the Riverwalk Condominiums of Wilmington Unit Owners Association requested the removal of boats from the community's dock, citing a violation of Homeowners Association (HOA) rules regarding the leasing of dock slips, said Thomas Babel, the attorney representing the HOA, at Wednesday's hearing.
Last month, the New Hanover County Superior Court ruled in favor of the HOA, ordering Gallan to remove the boats from the dock, Babel said. Gray Wilson, an attorney representing Gallan Holdings LLC, appealed this ruling on June 21, 2024.
The initial lawsuit cites a Coastal Area Management Act (CAMA) permit that has since expired, said Tracie Yarborough, an attorney representing Wilmington Water Tours.
"The HOA's position is that even though the permit has expired ... the conditions of that permit stay as long as the project exists," Yarborough said, referring to the Riverwalk dock. "CAMA has not responded yet."
Yarborough said it is her and Springer's understanding that the purpose of the CAMA permit was to allow public access to the Riverwalk.
"Obviously his business is allowing that; he's brought in over 800,000 people to the Riverwalk," Yarborough said.
Superior Court Judge Jessica Locklear presided over Wednesday's hearing and suspended the existing order as it pertains to Wilmington Water Tours, allowing for the business to operate from the docks until the case is heard by the Court of Appeals.
In addition, Locklear ordered the defendant to post a $50,000 surety bond and mandated court appearance if violation outside of the operation of Wilmington Water Tours occurs. In the event of a violation, Locklear also recommended a fine of $5,000 per violation date.
Both Wilson and Yarborough said they were pleased by the court's decision.
"I think the biggest thing we want to say is we're pleased that Wilmington Water Tours is staying in business," Yarborough said. "That was our goal."
The outpouring of community support at the courthouse was a testament to Wilmington Water Tours' involvement in the Port City's community, Springer said.
"When we built the business, we said we didn't want to be a tourist-based business, we wanted to be a part of the community," Springer said. "That's what we try to do every day."
Several residents present at the courthouse spoke about the benefits the company has brought to both their lives and the greater Wilmington community.
"He gets people involved in other community activities," Sally Gibbons said of Springer, adding that she has known Springer for approximately 15 years. "Everybody loves them."
Erin Cunnane, one of the first people to participate in a tour 15 years ago, after the boat became handicap accessible, said Springer, his wife, and other company employees are like family to her.
"The Wilmington Water Tours boat (has been) a happy spot for me," Cunnane said. "It has changed my life a lot and has made me more confident to be able to do things that I thought I would never achieve."
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