Carnival Corp. v. Historic Ansonborough Neighborhood Ass'n
753 S.E.2d 846
S.C.2014Background
- Four Charleston nonprofit citizen groups (Historic Ansonborough Neighborhood Association, Charlestowne Neighborhood Association, Coastal Conservation League, Preservation Society of Charleston) sued Carnival seeking injunctive relief alleging unlawful "home-porting" of the cruise ship Fantasy at the Union Pier Terminal caused traffic, noise, air pollution, visual impacts, and threatened the Old and Historic District’s National Register status.
- Complaint asserted ten claims: seven zoning/ordinance claims (zoning use, height, view corridors, sign, noise), a public nuisance claim, a private nuisance claim, and a claim under the South Carolina Pollution Control Act.
- Defendants (Carnival, State Ports Authority, City of Charleston) moved to dismiss for lack of standing and on merits including preemption and inapplicability of ordinances; the case was taken in the Court’s original jurisdiction and assigned to a referee.
- The referee recommended dismissal of the ordinance and Pollution Control Act claims but allowed nuisance claims to proceed; the Court dismissed noise, sign, and Pollution Control Act claims and ordered briefing on standing, preemption, and zoning applicability.
- The Court held Plaintiffs lack standing because they alleged only generalized public grievances (traffic, pollution, noise, obstructed views) and failed to allege a concrete, particularized injury to themselves or their members; associational standing and the statutory neighbor-standing provision (S.C. Code § 6-29-950) did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing: whether Plaintiffs have injury-in-fact | Plaintiffs claim traffic, noise, pollution, visual harm, and loss of enjoyment constitute concrete injuries to organizations and members | Harms alleged are generalized public grievances, not particularized injuries; statutory neighbor standing not shown | Plaintiffs lack standing; dismissal granted |
| Associational standing: whether organizations’ members suffered particularized injury | Organizations allege member harm from environmental, traffic, visual impacts | Members’ harms are not alleged as personal/individual; associational test not met | Associational standing not established |
| Statutory zoning standing (S.C. Code §6-29-950) | Plaintiffs invoke neighbor/adjacent-owner standing under the statute | Plaintiffs did not allege they are adjacent/neigbor property owners or specially damaged | §6-29-950 inapplicable; does not confer standing |
| Public-importance exception to standing | Plaintiffs argue matter is of public importance warranting waiver of standing | Defendants say exception shouldn’t apply; other parties could bring claims | Exception not applied; insufficient public-importance justification |
Key Cases Cited
- Sea Pines Ass’n for the Prot. of Wildlife v. S.C. Dep’t of Natural Res., 345 S.C. 594 (associational standing and injury-in-fact framework)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (generalized grievances insufficient for standing)
- Friends of the Earth, Inc. v. Laidlaw Envtl. Servs., 528 U.S. 167 (associational standing test)
- Beaufort Realty Co. v. Beaufort Cnty., 346 S.C. 298 (application of associational standing test)
- Brown v. Hendricks, 211 S.C. 395 (private actions to abate public nuisance generally not allowed absent special injury)
- Overcash v. S.C. Elec. & Gas Co., 364 S.C. 569 (special injury requirement for private public-nuisance suits)
- Bowlin v. George, 239 S.C. 429 (special character requirement for special injury)
- Connor Holdings, LLC v. Cousins, 378 S.C. 81 (tenant lacks standing as adjacent property owner under similar ordinance language)
- Davis v. Richland Cnty. Council, 372 S.C. 497 (public-importance exception to standing explained)
- ATC South, Inc. v. Charleston Cnty., 380 S.C. 191 (public-importance exception factors)
- Sloan v. Sanford, 357 S.C. 431 (policy tradeoffs underlying standing and public-importance exception)