The owners of Lewis County’s oldest cannabis dispensary must give up their business property after a judge ordered its sale and enforced the lien held by the Centralia contractor hired to construct their new building.
Old Toby co-owner Jerrie Paine told The Chronicle on Wednesday that she plans to file a motion for reconsideration by the Aug. 3 deadline. She also expects to file a notice of appeal.
Paine said the court’s decision, regardless of the outcome, won’t affect the Old Toby business.
Jerrie and Dash Paine’s cannabis business is located at the corner of North National Avenue and Coal Creek Road in Chehalis. The owners held a grand-opening celebration for their new location in April.
The Paines opened their original Old Toby location in downtown Chehalis in 2015 as the first recreational marijuana outlet in the county.
According to court documents, Waymaker Developments, LLC, the general contractor hired to construct the new building, filed its complaint against Dash Paine’s company, Castleberry Associates, LLC, in Lewis County Superior Court on Feb. 20, 2025.
Waymaker is owned by Aaron Fuller and Cassondra Fuller, who also own the engineering firm Fuller Designs. The company is represented by attorneys Teena J. Williams and John R. Allison.
Jerrie Paine has acted as the attorney for Castleberry Associates and the Paines.
The complaint alleged that Dash Paine, sole member of Castleberry Associates, failed to pay invoices to Waymaker and terminated his contract with the company without good cause.
Jerrie Paine is described in the complaint as a construction agent for Castleberry Associates who “instructed Waymaker on design changes” and made payments to Waymaker.
The Paines are married to each other.
According to the complaint, the two parties entered into a contractual agreement in June 2024. After Castleberry Associates failed to make a number of payments, Waymaker recorded a lien on the property on Dec. 10, 2024, in the amount of $281,723.58 plus interest, attorney fees and costs.
The 2025 complaint alleged that Waymaker had still not been paid the money owed to it, and additional charges had been incurred. The total outstanding amount Castleberry Associates owed to Waymaker as of Feb. 20, 2025, according to the complaint, was $236,305.47.
Waymaker expressed its right to foreclose the lien and requested that the court allow the company to become a bidder and purchaser at the property’s sale, “and that the purchaser be given immediate possession of the property, subject to the applicable redemption period.”
The contractor also requested a money judgement against the Paines for breach of contract, as well as the recovery of reasonable attorney’s fees and other investigative and litigation costs.
A non-jury trial ran from June 22 to June 26, presided over by Judge Joely Yeager. Jerrie Paine had previously requested — and was denied — a jury trial.
On July 2, Yeager made her oral decision. The judge enforced the lien totalling $472,395.89, plus attorneys’ fees and costs, and ordered the sale of the property.
After the decision, Jerrie Paine said she intended to appeal.
According to the findings of fact, conclusions of law and judgement presented by Allison, the plaintiff’s attorney, and later signed by Yeager, those attorneys’ fees and costs amounted to $218,451.55, making the total lien amount $690,847.44.
“The evidence at trial showed that Defendant Castleberry Associates, LLC had no source of revenue and no bank accounts and had not filed federal income tax returns since its founding in 2021,” the findings of fact says. “None of that information was disclosed to Waymaker Developments before it entered into the June 20, 2024 contract to build a large commercial building for Castleberry Associates.”
The judgement says the plaintiff “shall be allowed to bid on the property at sale, and the purchaser shall be allowed to take immediate possession of the property.”
According to a separate judgement filed on June 25, the court also awarded the plaintiff a principal amount of $47,310.00 at a 12% yearly interest rate for unpaid attorney fees and sanctions, to be paid by the Paines.
The amount was awarded following a series of denied motions presented by Jerrie Paine in the leadup to the trial, along with discovery violations that led to sanctions imposed upon her.
“There’s multiple abuses of discretion,” Jerrie Paine said on Wednesday.
The Paines’ property at the corner of North National Avenue and Coal Creek Road is now subject to a judicial foreclosure, also known as a sheriff's sale.
The county-run sale is barring any successful appeal by the Paines.
