LITIGATION UPDATE – 10/15/25
On September 2, 2025, the NC Superior Court issued its decision on our lawsuit against SAGA and ruled in our favor!
More specifically, the Court found as follows:
- The approval of the special use permit required competent, material, and substantial evidence to support the findings mandated by UDO § 2.4.6.D including that the use:
- Will not endanger public health or safety;
- Will not injure the value of adjoining or abutting lands and will be in harmony with the area;
- Will be in conformity with the Land Use Plan; and
- Will not exceed the County's ability to provide adequate public facilities.
- Burden on SAGA to prove at hearing for special use permit
- Court determined that SAGA provided expert testimony regarding the property value of neighboring or abutting land not being negatively impacted and compliance with the Imagine Currituck 2040 Vision Plan
- Saga Failed to present evidence that (1) the proposed use "will not exceed the County's ability to provide adequate public-school facilities," and (2) the proposed use in the application will not endanger public health or safety.
- Because SAGA failed to present required evidence, Court ruled in our favor and SAGA’s special use permit has been reversed.
The impact of the decision is, in all likelihood, that there will be no multifamily (because SAGA’s new plan has to be substantially different) units at that location, and any revised SAGA plan is subject to the Haller Amendments. A copy of the decision on the merits may be found HERE.
However, on October 1, 2025, SAGA appealed the Court’s Decision. A copy of the Notice of Appeal may be found HERE. SAGA has approximately three months to perfect the record on appeal and submit its initial brief. Thereafter, the WPOA will have the opportunity to respond approximately 30 days later.
WPOA will incur approximately $25,000 in legal fees to defend our position and the Court’s September 2, 2025 Decision. Again, we are asking the community to donate to help us continue fighting for Corolla. You may do so by donating to our Go-Fund-Me or mailing a check made payable to WPOA to:
Whalehead Property Owners Association (WPOA)
c/o Anthony Carbone
PO Box 442
Corolla, NC 27927
Thank you! We will continue to update this page as new developments occur.
NO MORE HOTELS!
A proposed development project at Rt 12 and Herring St. will dramatically alter the character of our collective beachfront neighborhoods. A mixed-use development was recently approved by the Currituck County Board of Commissioners and includes a 172-room hotel, 127 multi-family residential units atop shops and retail stores, and more than 500 paved parking spaces. Not only is this proposed development unsustainable, but it is in direct conflict with the county’s land use plan, stated in Imagine Currituck - 2040 Vision Plan.
This project is detrimental to our community for many reasons, which include but are not limited to:
- MORE TRAFFIC – Increased traffic safety issues on Rt 12 will result in reductions in child and family safety on Corolla Dr., Whalehead Dr., and Lighthouse Dr. from cars cutting through to avoid Rt 12.
- MORE NOISE – A massive hotel and multi-family units will mean hundreds, if not thousands of people in this 13-acre tract, and in the Herring St. area on a daily basis.
- MORE STORM WATER RUNOFF – Excessive stress on the infrastructure in Whalehead (water, sewer/septic systems, roads, etc.), will result due to too much hardscape.
- MORE POLLUTION – A more transient population will result in more garbage, more trash on the streets, etc. Also, a 500-car parking lot will also lead to more air pollution in Corolla.
- MORE CROWDED BEACHES – A large beach resort hotel needs to have its own beach. The only hotels of comparable size are the Sanderling in Duck and the Hampton Inn on the southern boundary of Corolla. Both hotels are on the beach and do not share beach access with hundreds of others, such as the 72 Whalehead homes that use Herring as the nearest beach access, and many patio homes that were built on the southeast corner of Herring St. and Rt 12.
- FALLING PROPERTY VALUES – A development of this size will be a major detractor for future home buyers in Whalehead, especially if your home is within 500 ft of the perimeter of the development.
- DECLINING RENTALS – Similar to the reduction in property values, homeowners in our area will have a more difficult time renting their home. The current number of inns and smaller hotels in Corolla located away from the beach already oversupply the market. For example, the Inn at Corolla Light only had a 66% occupancy in the peak month of July.
In addition to these issues, there is also a serious concern of increasing fire and emergency safety services necessary to adequately service the area. Also, operating a hotel in this location will be difficult. The new Mid-Currituck bridge will have a toll that cannot be reduced for anyone. Few staff will take a job that requires a $50 or similar toll payment to commute to and from work.
Currently, we are collaborating with other homeowners in the Whalehead Community that are opposed to the project and willing to do what is necessary to stop or modify the development. It is obvious that anyone with a property interest in Corolla will find this project detrimental to the Whalehead community.
Here’s what YOU can do to help with this effort:
- Contact the Currituck County Board of Commissioners and express your discontent with this project in our neighborhood.
- Please sign the online petition to show your opposition to this project (currently we have 1,300+ signatures on this petition).
- Complete the survey that will help us gather information about to what extent you would be willing to help with our efforts to oppose this project.
- The WPOA has retained an attorney and will take legal action, challenging the proposed SAGA project. As a result, and to make this effort possible, WPOA is soliciting donations to help us fund the litigation costs. We have established a Go Fund Me account, which you may find HERE. (https://gofund.me/d5f0de34)
- Follow continuing efforts on our Save Corolla Facebook page for more information.
- Join the WPOA!
