Oct. 06–Joe and Frances McCann Limited Partnership has filed suit in 2nd District Court against William J. Lawson, Christopher R. Ashenbrener and L&A Hospitality LLC., on five counts, including fraud and violating their fiduciary duty.

McCann is suing the same two Spokane-area entrepreneurs that it joined back in October 2000 to build the Holiday Inn Express on Nez Perce Drive in Lewiston.

With Ashenbrener’s and Lawson’s hotel expertise, the three parties joined forces to form AL&M. In 2005, they entered into another admission agreement to construct the College Place apartments at 814 Fourth St., and the 108-unit Suncrest apartment complex east of Nez Perce Plaza. Ashenbrener and AWL LLC, a company belonging to Lawson, had previously sued McCann in June 2010 for $830,000 over a stalled development proposal.

According to the District Court file, McCann is now suing Ashenbrener and Lawson for failing to compensate the partnership for $200,000 in contributions to the College Place construction and $200,000 in connection to construction of the Holiday Inn, including labor, materials and equipment costs. The suit also alleges another $400,000 in debts owed to McCann for the hotel project.

In addition to fraud and a breach of their fiduciary duty, McCann alleges in the court file that Ashenbrener and Lawson violated accounting and constructive trust, and failed to give them proper notice or a declaratory judgment.

While McCann said they had received assurances they would be reimbursed for their investment, according to the court file, Lawson testified in June that he was unaware of any such deal and McCann was too late to ask for compensation.

According to the suit filed in District Court by McCann attorney Ron T. Blewett of Lewiston on Sept. 26, Ashenbrener and Lawson had an obligation to alert McCann to the issue and McCann can still sue outside of the statute of limitations because they had no reason to file previously.

McCann is awaiting an order for service outside state before a court date is set.

Brown may be contacted at dbrown@lmtribune.com or (208) 848-2278. Follow him on Twitter @DylanBrown26.