Morris and Associates has been approved as class counsel by the San Diego Superior Court in the case brought by Bonnie Mann and others against various McMillin entities, the developer and seller of 349 homes at Liberty Station in Point Loma, San Diego.

The suit alleges that McMillin concealed from the public a secret contract it had with the Rock Church to purchase a large building in the "Educational District" of Liberty Station adjacent to the residential area. Documents in the case reveal that McMillin thought the deal with the Rock Church to be too "politically sensitive" to reveal to purchasers. McMillin apparently instructed its sales staff not to disclose the relocation to purchasers. McMillin has stipulated in documents filed with the Superior Court that it did not specifically disclose the potential relocation of the Rock Church to Liberty Station. Nor did McMillin disclose the fact that the Rock was seeking a conditional use permit (CUP ) for seating for some 3,500 members and that there would be five (5) services each Sunday drawing in up to 17,500 pedestrians to what was advertised by McMilin as a "cozy" neighborhood. Residents are furious at McMillin's concealment and many wish they had never purchased homes there.

The question as to whether McMillin had a duty to disclose the potential relocation of the Rock Church to purchasers will be addressed by the San Diego Court in May 2011. While McMillin contends it had no duty to disclose its secret deal with the Rock Church, experts indicate otherwise. If successful, the case may entitle homeowners to rescind their purchase contracts and reclaim their purchase money, plus monies spent in upgrades. The upscale homes of Liberty Station range in original purchase price from the mid $500s to over $ 1 million dollars.

Judge OKs class-action vs. McMillin

Judge certifies class action in suit against McMillin