MLB Team Owner Accused of Stealing Sand from Malibu Beach for Home Project

A Malibu businessman, Mark Attanasio, is facing allegations in a lawsuit regarding unauthorized sand removal from a local beach for construction purposes. The legal action has been initiated by James Kohlberg, a resident of Malibu and heir to the founder of the investment firm Kohlberg Kravis Roberts & Co. Kohlberg claims that Attanasio’s construction team has been causing significant damage to Broad Beach, a public area known for its natural beauty.

The lawsuit details how Attanasio’s crew is accused of using large excavators to take sand from the beach, risking the health of the marine ecosystem and significantly restricting public access along the mile-long coast. The complaint states, “This case is about a private property owner using a public beach as their own personal sandbox and the disturbing conversion of a public natural resource for a nearby homeowner’s personal, private use.”

The entity initiating the lawsuit is listed as Los Trancos Management Services, which is linked to Kohlberg. Property records show that he acquired a luxurious Broad Beach home for $14.1 million in 2022. Attempts to contact Kohlberg’s legal representatives were unsuccessful.

Attanasio, who also owns the Milwaukee Brewers, has had his lawyer, Kenneth Ehrlich, respond to the allegations. In a statement, Ehrlich emphasized that Attanasio’s LLC, named 2XMD and identified as a defendant in the lawsuit, has adhered to all required permits throughout their work. “Our offices have received the complaint and will aggressively defend our client’s rights in this legal process,” Ehrlich stated.

Ehrlich further claimed that 2XMD has owned property in the area for decades and has acted responsibly in terms of beach restoration and conservation efforts. He noted that their current project is an emergency repair to safeguard the property from ocean threats and all necessary permits for this endeavor were secured from both the City of Malibu and LA County.

According to property records, 2XMD owns a large home on Broad Beach, boasting five bedrooms and seven bathrooms, which was purchased for $23 million in 2007 alongside an adjacent lot acquired two years later for $6.6 million.

The lawsuit accuses the defendants of systematically removing significant quantities of sand from Broad Beach, asserting that this sand was being taken for exclusive benefit and to monopolize usage. The claim highlights that the defendants have performed operations in tidal zones using heavy machinery, potentially polluting local marine life by introducing harmful substances in the process.

Additionally, it mentions the ongoing sand depletion concerns that have historically plagued Broad Beach. Plaintiffs assert that the same excavators are being used to scoop large amounts of sand, which is then relocated to private properties belonging to the defendants.

Photographs and videos documenting excavators on the beach have been submitted as evidence in the lawsuit, which also alleges violations of the California Coastal Act. The legal complaint states that the defendants engaged in construction activities not authorized under their current permits.

Among the defendants listed is Jilk Heavy Construction, a California construction company. However, representatives from the firm have not responded to inquiries regarding the lawsuit.

The complainant claims to have suffered direct repercussions from the sand removal, specifically mentioning the depletion of sand in front of their property and contamination from oil and gasoline residues affecting the local environment.

The lawsuit seeks a court order mandating the defendants to return all sand removed from Broad Beach and to oversee repairs for any damages caused, alongside financial penalties.

As this case unfolds, it stands to highlight the ongoing tensions between private property development and public resource conservation in coastal communities.

Source: Business Insider