Justia Zoning, Planning & Land Use Opinion Summaries

The plaintiffs in this case consist of four Charleston citizens' groups. Plaintiffs brought suit seeking an injunction against what they believed to be the unlawful use of a terminal by the Carnival Corporation's cruise ship, the "Fantasy." The Terminal is within the City's Old and Historic District which is listed on the National Register of Historic Places maintained by the United States Department of the Interior. Plaintiffs' complaint sought injunctive relief based on ten claims: seven based on City ordinances, a public nuisance claim, a private nuisance claim, and a claim based on the South Carolina Pollution Control Act. Following a hearing, the trial court commissioned a report which concluded: that as a matter of law, none of the ordinances applied to the Fantasy's use of the Terminal; the Pollution Control Act did not govern the Fantasy's discharges in South Carolina waters; but that the complaint made sufficient allegations to set forth both a private and a public nuisance cause of action. Plaintiffs and Defendants filed exceptions to the report. After considering the report and the exceptions, the Supreme Court dismissed the noise ordinance, sign ordinance, and Pollution Control Act claims, and withheld ruling on the motions to dismiss on the five zoning and two nuisance claims. After ordering briefing on the issues of standing, preemption, and whether the zoning ordinances applied to the Fantasy's use of the Terminal, the Supreme Court concluded Plaintiffs lacked standing. Accordingly, the Court granted Carnival's motions to dismiss. View "Carnival Corporation v. Historic Ansonborough Neighborhood" on Justia Law