SC Supreme Court dismisses cruise line case - WCIV-TV | ABC News 4 - Charleston News, Sports, Weather

SC Supreme Court dismisses cruise line case

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CHARLESTON, S.C. (WCIV) -- A nuisance lawsuit against Carnival Cruise Lines filed by several Charleston neighborhoods has been dismissed by the state's highest court. 

The suit was filed more than two years ago by the Historic Ansonborough Neighborhood Association, Charlestowne Neighborhood Association, the Coastal Conservation League, and Preservation Society of Charleston.

"Today's opinion issued by the South Carolina Supreme Court is great news for the citizens of Charleston.  The decision of the court confirms our long held belief in the validity and propriety of cruise operations at Union Pier.  It is regrettable that so much time and resources had to be devoted to litigating the issue," said Charleston Mayor Joe RIley. "It is now time to move forward. We will continue our work with the State Ports authority to improve cruise and other operations at the Port of Charleston to solidify its status as a world class maritime facility."

"In this case brought in our original jurisdiction, several citizens groups filed suit against a cruise ship operator alleging nuisance and zoning claims and seeking an injunction. We hold these groups lack standing and dismiss," write Justice Hearn in the court's opinion.

Hearn said that to win the case, the neighborhoods had to show three things: that there was an injury to them, that there is a connection between the injury and the protested conduct, and that a decision by the court for the neighborhoods would help alleviate the injury. 

Hearn wrote that instead of focusing on wrongs to the neighborhood associations, they focused on "grievances suffered by the public as a whole."

"In short, these allegations are simply complaints about inconveniences suffered broadly by all persons residing in or passing through the City of Charleston and therefore, Plaintiffs fail to establish the first element of standing," the Court's opinion reads.

Legal fees in the case totaled $25,666.05 for the City. 

To read the full opinion, click here.

 

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