The Kisers appealed, and in 2020, the North Carolina Court of Appeals sided with the family. However, in April 2023, the North Carolina Supreme Court reversed the decision, ruling in favor of Duke Energy after it petitioned the court. The U.S. Supreme Court declined to review the ruling in December 2023.
Sunset Keys’ lawsuit contends that the North Carolina Supreme Court’s decision went beyond Duke’s original petition for review and effectively upheld a trial court order transferring the property without just compensation. The company argues that the taking was done without proper compensation or a method to assess the compensation owed. Furthermore, Sunset Keys asserts that the state trial court’s decision failed to specify the boundaries of the lakebed parcel, making the ruling insufficient to transfer ownership.
The lawsuit also claims that Duke Energy, in collaboration with the state of North Carolina, should be responsible for compensating Sunset Keys, as the property rights could not have passed directly to third parties without being transferred to Duke first.
