Now that the city of Charleston and the South Carolina Ports Authority succeeded in getting the state Supreme Court to exercise jurisdiction over a lawsuit against Carnival Cruise Lines, the local officials are hoping for a quick dismissal of the case.

InsightThe suit was filed last June by the Southern Environmental Law Center on behalf of four citizen groups that claim the homeporting in Charleston Harbor of the 2,000-passenger Carnival Fantasy violates local zoning and state environmental permitting laws. The ship sails year-round to the Bahamas and the Eastern Caribbean.

The city and the ports authority have supported Carnival from the start, pointing to the economic impact its operation brings to the region.

A recently completed hotel study, which tracked cruise-passenger hotel nights in Charleston, found that the Carnival Fantasy’s presence in the city added $13.5 million in hotel revenue from early 2009 to the fall of 2011.

The ports authority also said that any restrictions resulting from a court decision in the plaintiffs’ favor could ultimately apply to other vessels, such as the cargo ships that routinely use the port.
Many regional and state officials in South Carolina consider cargo operations to be the “economic machine,” for not only Charleston but for other ports in the state.

“We are pleased that the Supreme Court has granted review of this case in its original jurisdiction, and we look forward to having these important legal issues decided as soon as possible," the city and the authority said in a joint statement following the court’s decision. "An expedited resolution has huge significance for all of the state’s ocean trade, not just for cruise ships alone.”

The city and the authority joined forces in the fall to file the joint motion that asked the state Supreme Court to exercise jurisdiction over the case and then to dismiss it.

But the Southern Environmental Law Center indicated it won’t give up easily.

“We look forward to presenting our case before the Supreme Court and demonstrating that Carnival, like other businesses, must abide by legal standards that keep our environment clean and protect Charleston’s valuable historic district,” it said in a statement.

No timetable has been determined by the court, but indications are that initial reviews could begin this winter.

Charleston Mayor Joe Riley earlier told Travel Weekly that the city wanted to avoid a protracted court case.

“If it is protracted it could be a concern to Carnival,” said the mayor.

Meanwhile, the ports authority is moving forward with development plans for a new cruise terminal at Charleston Harbor that would replace the existing one. It would be used almost exclusively by Carnival.
Carnival Cruise Lines does not comment on litigation.
 

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