CharlestonWatch.com

The Price of Liberty is Eternal Vigilance

The Watch

Archives

Individual Articles

Cruise ships

Supreme Court tosses Cruise ship suit
Plaintiffs’ claims “Lack standing”
Warwick Jones

As reported in the Post and Courier today, the State Supreme Court has dismissed the suit brought against Carnival Cruise Lines by neighborhood groups, the Coastal Conservation League and the Preservation Society. The State Ports Authority and the City of Charleston joined Carnival to fight the suit.

Viewers can see a copy of the Court’s ruling by pressing Download file

Some extracts:

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…….

Defendants move to dismiss Plaintiffs' complaint in its entirety on the ground Plaintiffs lack standing to bring any of the claims contained therein. We agree.

For a plaintiff to possess standing three elements must be satisfied. First, the plaintiff must have suffered an injury-in-fact which is a concrete, particularized, and actual or imminent invasion of a legally protected interest. Sea Pines Ass'n for the Prot. of Wildlife v. S.C. Dep't of Natural Res., 345 S.C. 594, 600–01, 550 S.E.2d 287, 291–92 (2001). Second, a causal connection must exist between the injury and the challenged conduct. Id. Third, it must be likely that a favorable decision will redress the injury. Id.

The Court went on to show why the plaintiffs failed to prove any of their allegations. This can all be read in the attachment.

The decision is a clear win for the defendants. The Supreme Court decision would seem to open the way for the SPA to move ahead with its plans for Union Pier.

Your Comments:
Post a Comment:
Your Info:
Remember personal info?
Comments: