Financiers James Kohlberg and Mark Attanasio fight over sand in Malibu

James Kohlberg, chairman of KKR, has drawn a line in the sand across Malibu’s Broad Beach against its alleged theft by neighbor Mark Attanasio, owner of the Milwaukee Brewers.

Kohlberg, son of the late private equity firm co-founder Jerome Kohlberg, has accused Attanasio in a lawsuit of stealing beachfront sand near his house at an unidentified address on Broad Beach Road, according to Bloomberg and the Robb Report.

Attanasio has denied all wrongdoing, and will “aggressively defend” his rights, his attorney, Kenneth Ehrlich, said in an email to Bloomberg. . 

The dispute between the beachfront moguls began when Attanasio received a permit to repair the seawall on his land, according to the complaint filed in Beverly Hills last week.

Kohlberg accused his neighbor of using “enormous excavators” to help himself to large scoops in the tidal zone of the public beach as part of the construction project.

“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,” lawyers for Kohlberg wrote in the complaint.

The lawsuit cites violations of the California Coastal Act and nuisance claims. Kohlberg seeks a court order requiring Attanasio to replace the sand and prevent him from taking more, in addition to unspecified monetary fines.

In tandem with the lawsuit, Kohlberg has reported the alleged beach encroachment to regulators at the California Coastal Commission, which has launched an investigation but hasn’t taken action to stop the sand theft, according to the complaint.

Kohlberg bought his Broad Beach home in 2021 for $14.2 million, according to property records. 

Attanasio, co-founder of the Los Angeles-based Crescent Capital Group, bought his 3,300-square-foot beachfront home at 31202 Broad Beach Road in 2007 for $23 million, then a decade later added another lot for $6.6 million, according to Bloomberg.

The Brewers owner listed the property in July last year for $25 million, according to The Real Deal.

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The lawyer for Attanasio said his limited liability company, 2XMD, the legal owner of the Broad Beach Road property, did nothing wrong in the “fully-permitted emergency repair” to protect his home from “ocean forces.”

“It has secured all permits necessary for the repairs from the City of Malibu and L.A. County as well as thoroughly vetted all contractors and sub-contractors involved in the project,” Ehrlich said in his statement. “It has acted in 100 percent compliance with all of its permits.”

— Dana Bartholomew