Neighborhood's Generalized Grievances Weren't Enough To Challenge Cruise Ship

Thursday, August 30, 2018 8:02 am
September 2018 - Volume 46 Number 9

A large cruise ship that docked in Charleston’s historic district might violate city zoning laws, but the plaintiffs who tried to challenge its presence lacked standing to sue.

Facts: The Fantasy, an 855-foot-long cruise ship that rises more than 60 feet above the water line, uses the Union Pier Terminal in Charleston, South Carolina as its home port. The Union Pier Terminal is located in Charleston’s Old and Historic District, and four citizens’ groups sued the Fantasy’s owner, Carnival Corporation (Carnival), alleging that the cruise ship was a public and private nuisance and that it violated local zoning ordinances.

The South Carolina State Ports Authority, which owns the terminal and contracted with Carnival to allow the Fantasy to use it as a home port, intervened as a defendant, as did the City of Charleston. The plaintiffs argued that the Fantasy disrupted Charleston’s historic sk[..]