California's beaches are public, but on the sands of Malibu, a billionaire has been accused of stealing a slice of paradise — or at least a few portions of it — for himself.
A lawsuit filed last week alleges that Mark Attanasio, a billionaire businessman and owner of the Milwaukee Brewers baseball team, has been using excavators to extract sand from Broad Beach and haul it to his home as part of an ongoing construction project.
“This case involves a private property owner using a public beach as his personal sandbox and the disruptive conversion of a public natural resource (i.e., Broad Beach sand) for the personal and private use of a nearby property owner,” the lawsuit says.
The suit was filed by Attanasio's neighbor, James Kohlberg, son of Jerome Kohlberg, who founded the global investment company Kohlberg Kravis Roberts & Co.
Kohlberg’s attorneys accuse Attanasio’s construction team, JILK Heavy Construction, of operating massive excavators in tidal zones, causing oil to leak and exposing local marine life to potentially dangerous byproducts. The suit alleges the construction restricted public access to the entire beach.
Attanasio bought the Broad Beach home for $23 million in 2007. A decade later, he purchased the neighboring property, a vacant lot, for $6.6 million.
Mark Attanasio purchased this Malibu parcel for $6.6 million in 2017, but never developed it.
(Mac Hayward)
In March, the Brewers' owner obtained permits to repair a damaged section of the boardwalk, according to the lawsuit. In June and July, bulldozers allegedly began dragging sand from the beach onto his private property and also left gasoline residue in the water and sand.
Attanasio's attorney, Kenneth Ehrlich, said his client's company, 2XMD Partners LLC, has acted in 100% compliance with all of its permits.
“2XMD is in the midst of an emergency repair with all necessary permits for the property to protect it from ocean forces. It has obtained all necessary permits for the repairs from the City of Malibu and Los Angeles County, and has thoroughly vetted all contractors and subcontractors involved in the project,” Ehrlich wrote in a statement.
The lawsuit, which accuses Attanasio of public nuisance, private nuisance and violation of the California Coastal Law, demands that construction be halted, the sand be replaced and fines be imposed.
The disputed stretch of sand lies just east of Lechuza Point in Broad Beach, a hyper-exclusive enclave where celebrities and business moguls spend tens of millions of dollars on waterfront homes.
Over the years, the beach has been battered by violent storms and high tides, leading to significant sand loss. In 2015, high-profile residents including Dustin Hoffman, Ray Romano and Pierce Brosnan pledged a $31 million restoration project to bolster the beach's sand.
In recent decades, Malibu has become one of the most expensive places in the country. Earlier this year, Oakley founder James Jannard sold his home there for $210 million, the most expensive home sale in California history.
During that time, as the ultra-rich build ever-larger homes in Malibu's rugged mountains and along coveted beaches, the community has become the center of a debate over development versus preservation and the government's role in maintaining California's natural beauty.
