Malibu Neighbor Sues Brewers Owner Mark Attanasio For Alleged Unlawful Sand Removal From Public Beach

A lawsuit has been filed against billionaire Mark Attanasio, the owner of the Milwaukee Brewers, that accuses him of unlawful extraction of sand from Malibu’s Broad Beach for his personal use on a construction project.

Attanasio’s next-door neighbor, James Kohlberg, the son of global investor Jerome Kolberg, has alleged that Attanasio used excavators to take sand from the public natural resource and in the process restricted public access to the beach. He further asserted that Attanasio potentially exposed local marine life to the hazardous byproducts of heavy machinery.

The lawsuit claims that Attanasio received permits in March to repair a damaged section of seawall, but in June and July, excavators allegedly began to transport sand from the beach to Attanasio’s private property, which left gasoline residue in the water and sand in the process. The lawsuit accuses Attanasio of public and private nuisance as well as a violation of the California Coastal Act.

“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,” the lawsuit states.

Kenneth Ehrlich, Attanasio’s attorney, has claimed that his client’s company has acted in full compliance with all of its permits from the city of Malibu and Los Angeles County. Attanasio originally purchased his Broad Beach home for $23 million in 2007.

Over the years, storms and high tides have led to significant sand depletion from the beach, and in 2015, celebrities Dustin Hoffman, Ray Romano and Pierce Brosnan donated and committed to a $31 million restoration mission to improve the beach. The lawsuit requests the construction stop, the sand be replaced or otherwise fines to be issued.

The outcome of this case could have wider implications for the use and protection of public beaches and natural resources.