Next-door cousin in Malibu, California, claims that Milwaukee Brewers owner Mark Attanasio improperly relocated public dust to his private beachfront property on the same path and used a common shore as his “personal playground.”
Sand grabbing may not seem outlawed in some circumstances, but it can be in some situations. That’s true in California, which is experiencing beach degradation and dust loss.
The grievance against 2XMD Partners LLC, which is owned by Attanasio, was filed last week in Los County Superior Court. The complainant is Los Trancos Management Services LLC, which is associated with Attanasio’s cousin, James Kohlberg. Instead of being named parties, neither Kohlberg nor Attanasio are.
The Los Angeles Times reported on the petition on Monday, noting that Attanasio purchased the home for$ 23 million in 2007. A decade later, he purchased a nearby vacant lot for$ 6.6 million.
According to the problem, Attanasio’s LLC has sought and obtained allows over the last couple of years to fix and strengthen the wall on his house. The permits, as described in the issue, prohibit “mechanized products” within” the coastal zone… unless required for protection of life and/or property”.
The problem, which refers to photographic and video data, says the contested labor has included a hoist system and conducting area—neither of which, it seems, is authorized by permit. Additionally, Attanasio reportedly lacked the express consent to “remove sand from the common beach” or to employ “excavators to clog and reduce large amounts of sand.” When the sea tide rises, those excavators occasionally appear in water.
The problem contends that the digging has caused economic damage, including by moving “oils” and “pollutants” across the properties and creating uncomfortable discharges from the excavators. Nearby marine life has reportedly been exposed to “potentially dangerous bioproducts,” and a beach with “historic concerns of gravel depletion” has seen significant sand moving to a personal property for its improvement.
Kohlberg’s LLC complains that while the California Coastal Commission has investigated Attanasio’s “improper activities on Broad Beach”, the agency has n’t taken any meaningful action.
The loss of a government response has led to the petition, which raises three states. The California Coastal Act, which forbids the digging and removing of sand, the use of certain equipment in coastal and tidal zones, and other activities that threaten coastal life and pollute the water, is the subject of accusations against Attanasio’s LLC. The Act also authorizes “any man” —not just the government—to seek a judicial declaration, meaning Kohlberg’s LLC appears to have standing to take a state. The lawsuit filed by Kohlberg’s LLC requests that the court order Attanasio to “return the misplaced gravel” and to prevent the reported activities.
The problem also asserts a public nuisance state, which details how Kohlberg’s LLC has consistently contacted—without success—Attanasio’s LLC about the “dredging and removing of sand for” specific and unique use” and about replacing and restoring dust that was” poorly removed. The alleged actions are described as “indecent and insulting the senses, obstruct the free use of common property, and impede the secure enjoyment of Broad Beach and the nearby properties.
There’s also a private nuisance claim, which asserts the” plaintiff, as the next-door neighbor, has suffered personal harm. ” That personal harm concerns” having depleted sand next to, and in front of “one’s own property and being” exposed to gasoline oil on the beach and in the water in front of plaintiff’s property.”
Keep in mind, the complaint is an advocacy document. Its claims are not always reliable or reliable. The neighbors ‘ frequent disputes over adjacent property are not something new to the legal system. They frequently show characters who are completely different in their portrayals of what has happened and who is wrong. One atypical feature here: The dispute is over a multimillion-dollar beachfront property in Malibu.
Attanasio’s attorneys will answer the complaint and seek its dismissal. One of his attorneys told the Los Angeles Times in a statement that his client’s LLC had fully complied with the permits and was only engaged in a “fully-permitted emergency repair of the property to protect it from ocean forces.” The attorney claimed that permits govern all the work, including the contractors and subcontractors who perform it.
Attanasio, 66, purchased the Brewers in 2005 for$ 223 million. The franchise is now worth$ 1.6 billion, according to Sportico’s MLB franchise valuations.