A ferry service that has carried travelers across the Potomac River since the 18th century closed Monday after a legal dispute with a former wedding venue that argued the service trespassed on its land. A Virginia court had ruled the ferry could no longer dock on the Loudoun County side of the river, because there is no legally established public or private landing on the private property where White’s Ferry operates on the Virginia side.

On its Facebook page, the business issued the following statement:

White’s Ferry regrets to inform the public that it will cease its Potomac River ferry operation between White’s Ferry Road in Montgomery County, Maryland and White’s Ferry Road in Loudoun County, Virginia effective immediately. The Circuit Court of Loudoun County, Virginia has ruled, in the case of Rockland Farm, LLC, et al. v. White’s Ferry, Inc., that no public landing exists on the Virginia shoreline at White’s Ferry Road and the ferry is prohibited from landing at that location from landing at that location in Virginia. As of the date of this press release Loudoun County, Virginia has declined to establish a public landing at that location.

The ferry operator has been in court with Rockland Farm, LLC for over a decade, according to Loudoun Circuit Court filings, in the case of Rockland Farm, LLC, et al. v. White’s Ferry, Inc.

The owners of the land in Virginia, known as Rockland Farm, complained that White’s Ferry was unlawfully occupying its land. White’s Ferry argued for its right to use the landing due to having customers and business operations on that side of the river for over two centuries.

The case had been postponed, delayed, and dismissed throughout the years before the most recent decision, written by Judge Stephen E. Sincavage of the Loudoun County Circuit Court on Nov. 23, 2020. Sincavage found that the ferry operators have been trespassing on the Virginia land since the 2004 expiration of a licensing agreement, and awarded damages to the property owners an amount just over $100,000 for alleged property damage at the site along with unauthorized use of the property. The judge considered a number of arguments about the right to public use of the land in Virginia, going back to a case in 1871.

Poolesville, Maryland’s town manager, Seth Rivard, said he first heard the news when White’s Ferry issued its Facebook post. He made the following statement:

The town sees this is a vital link between the two states. It allows both our residents to use the ferry as a commuter option and allows residents to cross for personal and work-related purposes. It’s important for people to cross the river and come into Poolesville to shop or visit or attend events. It’s very important for our community that this remains in operation.

Loudoun County issued a news release Monday afternoon in an attempt to make clear that the lawsuit is between two private parties, and had this to say about the matter:

The Loudoun County government is aware of published reports that imply White’s Ferry ceased operations due to the lack of an established public landing in Virginia. It is important to note that this legal matter is between a private property owner and the ferry operator and that Loudoun County is not party to the lawsuit. The county is issuing this statement to clarify misinformation regarding the county’s role in this matter.

On November 23, 2020, the Loudoun County Circuit Court issued a decision in Rockland Farm, LLC, et al. v. White’s Ferry, Inc.  Detailed information about the case may be reviewed in the Circuit Court’s decision here (PDF). No court order has been filed to enjoin the ferry operations. 

According to the decision, there is no legally established public or private landing on Rockland Farm’s property where White’s Ferry operates. White’s Ferry has been a privately operated ferry between Maryland and Virginia for more than 200 years. Since the court’s November decision, Rockland Farm and White’s Ferry have been negotiating the ferry’s continued use of the private property. The decision to cease operation of the ferry was a unilateral decision made by White’s Ferry, Inc., which operates the privately owned ferry. 

The legal matter between the Virginia property owner and White’s Ferry began more than ten years ago. Information about the ongoing dispute should be obtained from the legal representatives of the parties involved. 

While Loudoun County is not party to the legal dispute, the county remains concerned about the outcome from a regional transportation perspective. We recognize that any impact to ferry service may impact our residents and people who work in Loudoun County.

One business near White’s Ferry is Rocklands Farm Winery in Poolesville, Maryland which, in a statement posted on its website, said, “We were alerted of a court ruling on a case in Loudoun County involving a business by the name of “Rockland Farm LLC” that has resulted in the closure of White’s Ferry. This business, “ROCKLAND FARM LLC,” HAS NO ASSOCIATION WITH OR RELATION TO ROCKLANDS FARM WINERY. We are not familiar with this business and had no knowledge or dealings with the aforementioned court case or ruling. We are just learning about this like the general public and are very sad to hear about the Ferry having to cease operations.”

An identically-worded statement was posted on the website of White’s Ferry Manor, a wedding venue located in Loudoun County near the landing site located on Rockland Farm LLC’s property.

For its part, Rockland Farm LLC expressed surprise with the decision of White’s Ferry to cease operations. Jeffrey A. Huber, an attorney for Rockland Farm LLC, said his client did not close the ferry — its owners did. A statement posted on Rockland Farm LLC’s Facebook page included the following:

White’s Ferry’s announcement today that it has ceased ferry operations came as a shock to Rockland Farm as well as the public. Rockland Farm instituted litigation against White’s Ferry as a last resort after it was unable to reach agreement with White’s Ferry for use of Rockland’s land. White’s Ferry took the position that it did not need to pay to use Rockland’s land to operate its private business. Following trial, the Circuit Court of Loudoun County ruled in favor of Rockland Farm and found that White’s Ferry had no right to use our land without agreement.

Following the Court’s decision on November 23, 2020 we asked our attorneys to seek to reach agreement with White’s Ferry to allow it to continue operating while providing Rockland Farm fair compensation for use of our property. In the event White’s Ferry no longer desired to operate the ferry, we also expressed a willingness to discuss a purchase of the business. Regrettably, White’s Ferry has chosen not to negotiate.

At our direction, our attorneys have not yet presented any Final Order to the Court which would prevent White’s Ferry from operating. We have delayed in the hope of reaching a fair agreement. The decision to close operations today was solely made by White’s Ferry.

Understandably, commuters and residents who depend on the ferry service have expressed their dismay with the shutdown on social media.