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SDNews.com
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Resident files lawsuit against McMillin Company

Tech by Tech
December 1, 2010
in News, No Images, Peninsula Beacon
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Bonnie Mann, a Liberty Station resident who said she has been negatively impacted by the presence of The Rock Church on Rosecrans Street, has taken legal action against the Corky McMillin Cos. Mann claims McMillin failed to disclose to prospective homeowners at Liberty Station that the megachurch was moving to that location in 2003. On Friday, Dec. 3, a San Diego Superior Court judge will decide whether to now hear the case, Mann v. McMillin, as a class-action lawsuit. “We’re not suing The Rock Church,” said Stephen Morris, Mann’s attorney. “Our point is that purchasers should have been informed so that they could make a choice [in 2003], an informed decision to live in a community that has The Rock Church in it or not. That’s what never happened.” The judge will rule on class-action certification at 9 a.m. Friday at the downtown courthouse, located at 330 West Broadway St. The hearing, originally scheduled to take place Nov. 19, is open to the public, but residents will not be invited to speak, said Morris. “If the judge decides the case should go forward as a class action on Dec. 3, we’ll move it forward in that way, and if he decides it should not go forward as a class action, we’ll probably be filing many, many, many lawsuits,” Morris said. McMillin attorneys have filed paperwork in opposition to the current motion. John Simpson, lead trial attorney for McMillin, said there was nothing secret about the company’s contract with The Rock Church. “We’ll let the court decide whether they think class-action certification is appropriate, but there was nothing secret about the contract between McMillin and The Rock,” Simpson said. “There was certainly a lot of information about it.” Simpson said The Rock Church applied for a public permit in June 2003. He also pointed out that Mann purchased her property in 2004, when the church was already in place. “McMillin complied with all the requirements of the California Department of Real Estate and has been very public about the contract with The Rock,” Simpson said. Mann said she approached Morris about a potential lawsuit over her concern about the continued growth of The Rock Church. She said when she purchased her home on Farragut Road from McMillin, she was not informed the megachurch would be moving in. “We bought into the community and paid high prices because we wanted the location. The location was so close to downtown, so close to the water, so close to shopping and a pedestrian-friendly neighborhood,” Mann said. “People bought into that without any idea that a megachurch was coming in.” Morris said Mann is seeking the estimated reduced property value or rescission, which would allow those who purchased homes from McMillin without the disclosure about the church to give their residences back to the developer. He said about 248 households in Liberty Station would be eligible to make a claim. “There’s not a specific dollar amount,” Morris said. “Clearly, there is some reduced value. People can dispute what that value is, but there is a number that these places have been affected by because of The Rock Church.” An estimated 7,000 people attend weekend services at the church on Rosecrans Street, according to The Rock Church website. Mann said she feels McMillin has treated her unfairly. She said the presence of The Rock Church consistently puts a strain on her as a homeowner. “Everybody in our community is impacted, in terms of when they are going to come in and out from our community and shop at the merchants,” Mann said. “We’re hoping that it will be a class action so the whole community could benefit in some way because the whole community has been really negatively impacted,” she added.

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