Mason County man sues business partner

CHARLESTON – A Mason County man is suing his business partner after he claims she has been using company accounts to pay for her personal expenses.

Lydia M. Beirne and Elk Meadow Energy, LLC, were named as defendants in the suit.

Marin N. Holley and Beirne are the only members of WV Land Services, LLC, wherein Holley serves as the managing member and Beirne does daily operating tasks, such as basic accounting duties, according to a complaint filed Jan. 14 in Kanawha Circuit Court.

Holley claims on Oct. 15, 2011, Beirne paid her personal state taxes from a WV Landing Services account and on Dec. 14, 2011 and Nov. 14, 2012, she paid her federal income taxes from a WV Landing Services account.

Beirne also used a WV Land Services account to pay personal expenses, according to the suit.

Holley claims Beirne transferred approximately $250,000 from a WV Land Services account to an account for Elk Meadow.

Beirne’s personal distributions from WV Land Services are unrepresentative of her share as a 50 percent stakeholder, according to the suit.

Holley claims Beirne has refused him access to WV Land Services’ financial information, including access to its financial statements from November and December.

The defendants have converted Holley’s assets by wrongful acts and in violation of his rights to his assets, according to the suit.

Holley claims the defendants have also been unjustly enriched by their willful, wanton and reckless conduct.

In refusing Holley’s access to the requested financial information, Beirne has caused Holley to suffer harm, according to the suit.

Holley is seeking compensatory and punitive damages with pre- and post-judgment interest. He is being represented by Stephen M. LaCagnin, Daniel L. Stickler and Taunja Willis-Miller.

The case has been assigned to Circuit Judge Carrie Webster.

Kanawha Circuit Court case number: 13-C-60