South Carolina Supreme Court takes Carnival case

The S.C. Supreme Court has taken jurisdiction over a controversial lawsuit against Carnival Cruise Lines.

Instead of proceeding through the court system and almost certainly ending up at the Supreme Court on appeal, the lawsuit will go directly to the state's highest court, which will begin by soon considering motions calling for dismissal of the case.

The Southern Environmental Law Center sued Carnival in 2011 on behalf of the Coastal Conservation League, Charleston Preservation Society and the Charles Towne and Ansonborough neighborhood associations. The suit raises questions about Carnival's use of Union Pier in downtown Charleston, and the application of city ordinances, such as those regulating noise and the height of buildings, to cruise ships.

The State Ports Authority and city of Charleston intervened on Carnival's behalf, and asked the state Supreme Court to take "original jurisdiction" in the case. Mayor Joe Riley and SPA President Jim Newsome have said the lawsuit threatens maritime commerce in South Carolina, by targeting the SPA's largest cruise ship customer.

The SPA is set to begin construction of a new cruise passenger terminal on Union Pier this year, primarily for Carnival's use. Opponents object to the location, frequency of cruise ship visits, size of the ships and related factors.

In a joint statement Tuesday morning, the city and SPA applauded the Supreme Court decision and said: "An expedited resolution has huge significance for all of the state's ocean trade, not just for cruise ships alone."

Frank Holleman, an attorney with the Southern Environmental Law Center, said the group is "entirely comfortable appearing before the South Carolina Supreme Court," and believes the suit would have ended up there eventually.

"We think the law is very clear, that various provisions of the zoning ordinance apply to the Carnival Cruise Lines ships," he said.