OCEAN ISLE BEACH, NC (WECT) -
A case involving the town of Ocean Isle Beach and its old airport operator is heading back to court.
In 2014, the town started to take over operations of the airport after leaders claimed the contracted operator, Jackson/Hill Aviation, Inc., did not always staff the airport with an employee. The town claimed a breach of contract, based on a violation of a town ordinance. Jackson/Hill sued the town after being locked out.
A trial court dismissed the case after agreeing with OIB that the company violated the ordinance. However, the NC Court of Appeals ruled this week that the lower court could not consider that evidence as it was not part of the complaint.
The higher court reversed the trial court's decision and judgment, sending the case back to the trial court for further consideration.