In the amendment, Dr. Miller was awarded injunctions against Wilcoxson which not only prevent him from removing or destroying any more property referenced in the lawsuit, but also from even setting foot on the parcels in question.
The temporary restraining orders were filed today and will remain in effect until July 7. A hearing for a preliminary injunction is set for 1:30 p.m. Friday, July 6.
Affidavits filed by Marcial Mikesell and Dr. Miller say Wilcoxson already removed a historic fountain that was paid for by Mikesell’s father, D. Blaine Mikesell, and a commemorate plaque in his honor, that was located next to the fountain.
Dr. Miller is suing Wilcoxson, his former partner in Winona Restoration Partners LLC, accusing him of wrongfully obtaining real estate and mishandling financial information and documents.
The amended claims filed today allege that Wilcoxson wrongfully transferred 13 parcels of real estate from Winona Restoration Partners LLC, which Dr. Miller and Wilcoxson formed in 1996 – to Wilcoxson’s own company, Winona Arts, Restoration & Preservation Inc. Dr. Miller believes Wilcoxson has intentions to further destroy or remove landmarks, buildings, fixtures or improvements on the parcels in question.
The suit further claims Wilcoxson illegally used funds from WRP for personal expenses. Bookkeeping records show Wilcoxson used funds from WRP in January 2006 , August 2006 and January 2007 to pay for his son’s college tuition at Wheaton College. A $12,000 payment was also made to Wilcoxson’s son and logged as services for grounds maintenance.
In yet another claim, the lawsuit alleges Wilcoxson advised Grace Schools on Oct. 5, 2006, that a contract between WRP and Grace was “gifted” to W.A.R.P., the nonprofit company Wilcoxson founded in 2006.
In February 2007, Wilcoxson allegedly received a payment of $26,900 for WRP, but only deposited $26,000, keeping $900 for himself and falsely represented in WRP’s books.
In a final claim, Wilcoxson is accused of selling 50 percent interest in a business by the name of Winona Mercantile LLC for $30,000. WRP, however, received only $1,000 of that price with the balance being paid to W.A.R.P.
In all, the suit includes a total of nine counts including one count of breach of agreement, one count of breach of fiduciary duties, two counts of fraud, one count of conversion, and a class D felony count of knowingly or intentionally exerting unauthorized control over property of another person (theft).