A partnership aimed at bringing more fine arts and agriculture education to Jacksonville has ended in a lawsuit and left a historic MacMurray College building’s fate in flux.
Tim Smith, president of the Esprit de Corps Academy, and Morgan County Commissioner Dr. Michael Woods entered into a partnership in July 2023 with dreams of creating the Midwest Agricultural and Arts Complex inside the MacMurray Hall building, located at 225 South Clay Avenue. The legal partnership to own and renovate the building effectively came to a close in April after disagreements on money and a tenant in the building, according to a request for partition of ownership of the property filed by Smith back on May 23.
In the partition, filed by Smith’s attorneys, a promissory note was filed by Woods at CNB Bank & Trust in Jacksonville. The note was an agreement that Woods would pay back half of the purchase price of the building and property, $50,000, in $1000 monthly installments to Smith through October 1, 2027. The partition request asked that a foreclosure be placed on Woods’ half of the property due to nonpayment, according to the filed complaint. During the duration of the partnership, Smith claimed $112,000 worth of property improvements and maintenance costs.
Woods was served the complaint in early June and responded on June 24 with counter claims that Smith had violated the terms of their oral agreements, including a deferral on payments while the property was redeveloped. Woods’ counter-argument for nonpayment was that his husband, Jaime Filio, provided 28 months worth of physical and administrative labor to the project, Woods paid out-of-pocket expenses for materials and collected rent from tenants amounting to $13,000 — with all of the in-kind and cash contributions totaling over $319,000 over two years. Woods also made counter claims that Smith failed to collect rent from tenants, failed to resolve an issue with the building’s elevator costing several thousands of dollars in potential revenue and allowed the LLCC that governed the partnership to lapse. Woods also accused Smith of violating the partnership by using the building for his own self-interest as majority owner. Smith says that he paid for the full price of the building with Woods taking out a mortgage for his half.
Woods also claims the legal action was brought after Woods attempted to collect rent from Lance Perkins, a close associate of Smith’s who had been using space in Mac Hall. Woods further claims that he sought to avoid legal issues by attempting to resolve the matter in person and in writing by requesting to buy out Smith’s stake in the property. He says the legal action is in violation of due process of Illinois’ mortgage and business partnership laws.
Smith’s lawyers filed a motion to strike Woods’ response as a counter suit alleging Smith had committed wrongdoing and asked for preliminary relief on July 14, requesting the court to foreclose the property entirely and sell it via auction.
Prior to a scheduled hearing about the motion on August 13, Judge Chris Reif filed a disqualification of the Morgan County Court due to Woods’ position as a Morgan County Commissioner. The case was reassigned to Sangamon County Judge Christopher Perrin on August 18. A future hearing date has not been scheduled according to court records.
How this lawsuit will affect the long-term future of both the Esprit de Corps Academy and the Agrowhood initiative is unknown.
