Sunset Keys additionally raised concerns about a potential conflict of interest, asserting that North Carolina Supreme Court Chief Justice Paul Newby, who wrote the April 2023 decision, should have recused himself due to his ties to Duke Energy. The company alleges that Justice Newby and his wife own Duke Energy stock and that the company made significant political contributions to a super PAC that helped elect him.
Representatives for Sunset Keys, Duke Energy, and the North Carolina Department of Justice did not immediately respond to requests for comment. The case, Sunset Keys LLC v. State of North Carolina et al., is currently before the U.S. District Court for the Western District of North Carolina under case number 3:25-cv-00015.
