A San Diego Superior Court judge’s Dec. 3 ruling in Mann v. McMillin will allow 247 other Liberty Station residents to get involved. The suit, brought by resident Bonnie Mann against developer Corky McMillin Cos., alleges McMillin failed to disclose to Liberty Station homebuyers the potential traffic snarls and headaches surrounding the estimated 15,000-member Rock Church that now calls Rosecrans Street home. On Friday, Judge Richard E.L. Strauss granted the case class certification, which means it will go forward as a class-action lawsuit. “The claims in this case are based on the common failure of the defendants to disclose the potential existence/con-struction of the Rock Church in the neighborhood and will turn on the adequacy of the written disclosures made by defendants to the purchasers and whether there was a duty to disclose this information,” the written text of the judge’s tentative ruling explained. Mann originally filed the case in November 2009 in response to feeling negatively impacted by the presence of the megachurch’s membership. She claims McMillin failed to disclose to prospective homeowners at Liberty Station that the church was moving there in 2003. Stephen Morris, Mann’s attorney, did not return calls for comment. He was quoted previously as saying, “Our view is that anything that a purchaser might consider important or material to their decision to buy should be disclosed, and quite obviously, a megachurch moving across the street would be one of those things.” John Simpson, lead trial attorney for McMillin, also did not return phone calls for comment. He was quoted previously as saying, “McMillin complied with all the requirements of the California Department of Real Estate and has been very public about the contract with The Rock.” The class-action certification is open to all Liberty Station residents who purchased property from McMillin between June 4, 2003 and July 1, 2007. This is the time period between when The Rock Church applied for a permit and when it moved into Liberty Station, and includes the possibility for claims from 248 properties. The lawsuit does not seek a specific monetary amount. The next court date is at 9 a.m., on Jan. 14 at the New Courthouse, 330 West Broadway downtown. On that date, a filed plea from the McMillin attorney is expected to be heard involving a motion to remove a portion of Mann’s original plea. Mann said she views the Dec. 3 ruling as a positive step. “I’m absolutely pleased and very happy with the court’s decision. I think it was the right decision and a fair decision,” Mann said. “The people in our community and all of Point Loma have been so negatively impacted by the presence of the meagchurch and there’s commonality,” she said.








