Sauer, Inc. v. American Bituminous Power Partners, L.P.

This is an appeal by Sauer, Inc., from an order of the Circuit Court of Marion County dismissing its action to enforce a mechanic’s lien. In granting the dismissal, a dismissal under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure, the circuit court found that Sauer, Inc., had failed to comply with the accounting requirements of W.Va. Code § 38-2-19 to maintain a mechanic’s lien and that it was thus banned from enforcing the lien. On appeal, Sauer, Inc., contends that, under the circumstance of the case, it did provide an adequate accounting and that the accounting which it…