Alan Enterprizes LLC v. Mac's Convenience Stores LLC

Davis, Justice:

The petitioner herein and plaintiff below, Alan Enterprizes LLC ("Alan"), appeals from an order entered January 3, 2017, by the Circuit Court of Harrison County, Business Court Division. By that order, the court granted summary judgment to the respondents herein and defendants below, Mac's Convenience Stores LLC, d/b/a Circle K; Joyce Sammon; and Louis Diab (collectively, "Mac's"), ruling that W. Va. Code § 47 -11A-6(a) (1983) (Repl. Vol. 2015) 1 does not include taxes in the calculation of a retailer's cost under the West Virginia Unfair Practices Act, W. Va. Code § 47 -11A-1…