Have you ever heard the saying, "Play nice in the sandbox?" Well, apparently, these two billionaires missed the memo. The Milwaukee Brewers owner, Mark Attanasio, and his neighbor, James Kohlberg, are definitely not playing nice. Kohlberg recently filed a lawsuit against Attanasio over the use of public beach sand at his new Malibu mansion. That's right; he claims this millionaire is stealing sand from the public beach.
Billionaire Is Stealing Sand From Public Beach
According to the New York Post, the two neighbors' drama started in March. "Attanasio obtained permits to fit the damaged seawall on his nearly $30 million property." While he successfully obtained the permit, it contained some explicit prohibitions. "The permits specifically prohibit the use of heavy machinery in the tidal zone and the removal of sand from the beach."
While the Milwaukee Brewers owner claims that he has followed all the rules and regulations of his permit, his neighbor seems to disagree. The lawsuit Kohlberg filed complained of violations of the California Coastal Act, as well as public nuisance and private nuisance.
According to the California Coastal Commission, the California Coastal Act includes the following details: "The Coastal Act includes specific policies that address issues such as shoreline public access and recreation, lower-cost visitor accommodations, terrestrial and marine habitat protection, visual resources, landform alteration, agricultural lands, commercial fisheries..."
Defying the California Coastal Act
Sonoma Coast State Park, California, USA
If Kohlberg's claims are valid, and Attanasio is stealing sand from a public beach, then that directly defies the California Coastal Act. In the lawsuit, the plaintiff alleges the following information to be true.
"This case is about a private property owner using a public beach as their own personal sandbox and the distrubing conversion of a public natural resource (i.e., sand from Broad Beach) for a nearby homeowner's personal, private use."
Kohlberg goes into detail about how his neighbor is defying the permit restrictions and further harming the environment. In the lawsuit, he claims:
" Indeed, Defendants operate enormous excavators in tidal zones in the ocean, dragging along any materials, oils, and other pollutants the excavators carry or discharge."
Besides directly violating their permit, this lawsuit also draws attention to the "potentially hazardous biproducts" left behind and how they can affect marine life. It draws attention to the fact that Broad Beach is a "beach with historic concerns of sand depletion." So, having someone steal sand from this public beach for their own personal use is harmful to the environment and all those who live there.
Case Progression
While the lawsuit showcases photos of excavators along the wet shoreline and gaping holes on the beach, no work stoppage order has been given to Attanasio's crew yet. However, this lawsuit has gained enough momentum that the California Coastal Commission is now investigating the matter.
While the situation appears daunting for Attanasio, and it is beginning to seem like he is stealing sand from a public beach, his attorney says otherwise. According to the LA Times, his attorney issued the following statement.
"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 reparis from the City of Malibu and LA County as well as thoroughly vetted all contractors and sub-contractors involved in the project."
More information is sure to come as this case progresses further. Then, the truth will be revealed on whether this millionaire is stealing sand from a public beach.
