Two billionaires are engaged in a legal battle after one accused the other of removing sand from a public California beach for personal use.
Milwaukee Brewers owner Mark Attanasio is alleged to have transported sand from Broad Beach, a public shore near Malibu, to his mansion, according to a lawsuit filed by his neighbor James Kohlberg. The suit claims Attanasio has been using the beach as his “personal sandbox.”
“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 (i.e., sand from Broad Beach) for a nearby homeowner’s personal, private use,” states the lawsuit obtained by the Los Angeles Times.
Kohlberg’s father founded Kohlberg Kravis Roberts & Co., an investment company. According to court documents, Attanasio began repairing his seawall in March with permits that explicitly prohibit heavy machinery in the tidal zone and sand removal—actions Kohlberg claims were ignored.
The lawsuit includes photographs showing excavators on the shoreline and piles of dredged sand. It also alleges gasoline residue was left behind by Attanasio’s construction crew.
The legal action accuses Attanasio of public nuisance, private nuisance, and violating the California Coastal Act. While it has prompted an investigation by the California Coastal Commission, no work stoppage order has been issued.
Attanasio maintains compliance with all necessary permits through his company 2XMD Partners LLC. His attorney Kenneth Ehrlich stated: “2XMD is in the midst of a fully-permitted emergency repair of the property to protect it from ocean forces. It has secured all permits necessary for the repairs from the City of Malibu and LA County as well as thoroughly vetted all contractors and sub-contractors involved in the project.”
Kohlberg seeks fines against Attanasio and demands that he replace any removed sand.
