On Tuesday, a day after Brent Wilcoxson filed a motion to dismiss charges against him, Grace College filed a motion to intervene and be heard in the matter of Dr. Dane Miller vs. Brent Wilcoxson.
The Kosciusko County Superior Court I special judge Terry Shewmaker granted the motion to intervene Tuesday afternoon.
The purpose of the motion to intervene is to add Grace College as a defendant to the case. Grace College is owner of a piece of property which was allegedly transferred without Miller’s authorization to Winona Arts, Restoration and Preservation.
Grace College has asked the Kosciusko County Superior Court I to instruct them as to whom they should make their monthly payment: Winona Restoration Partners, which is owned by Miller, or Winona Arts, Restoration and Preservation, which is owned by Wilcoxson. The college currently pays WARP monthly.
Grace College purchased one of the 13 properties that Dr. Dane Miller claims Wilcoxson asserted control over without permission. In 2005 Grace College purchased Mount Memorial Hall, 901 College Avenue, Winona Lake, from Wilcoxson and Winona Restoration Partners for $1,940,897.19. on August 31, 2005.
Within Grace College’s motion to intervene attorney Doug Lemon states that Grace College was informed by Wilcoxson that the note and mortgage had been gifted to Wilcoxson’s nonprofit Winona Arts, Restoration and Preservation. According to the motion to intervene Grace College has continued to make monthly payments of $18,200 to WARP.
Until the court answers the question of where the monthly payment should go, Grace College has been instructed by the court to make deposits with the Kosciusko County Clerk’s Office monthly. The payments will be held in an interest-bearing account.
A ruling on where the funds are to be paid is not likely to come soon. Lemon does not expect the court to answer where the funds are to be paid until after the Miller v. Wilcoxson case is settled.
