Malibu homeowner accused of stealing sand has done so before, coastal commission says

As the Milwaukee Brewers begin their playoff run, the team’s owner, Mark Attanasio, is embroiled in a legal battle back in California revolving around one of the state’s most precious resources: sand.

In August, Attanasio’s neighbor filed a lawsuit accusing the businessman of stealing sand from Malibu’s Broad Beach and carrying it back to his property as part of a construction project to repair a damaged seawall.

Now, the California Coastal Commission is getting in on the action.

The commission sent Attanasio’s lawyer Kenneth Ehrlich a notice of violation in September, claiming that contractors working on Attanasio’s beach house illegally excavated sand and operated heavy machinery within state tidelands.

The commission also said the construction project impaired public access to the beach, depleted the beach’s sand and threatened harm to marine resources.

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The notice, which demanded a response by Oct. 7, asked Attanasio to stop any unpermitted development and also resolve the violations, which could include a monetary settlement.

It’s not the first time Attanasio has been cited by the Coastal Commission for stealing sand.

Along with the notice, the commission attached an additional notice from 2008 accusing the Brewers owner of scooping sand from the beach for a different house he owned half a mile away.

The 2008 notice claimed that Attanasio constructed an illegal seawall made of sandbags and metal poles along a stretch of public beach, planted invasive plant species on a sand dune and impeded public access to the beach.

Attanasio sold that beach house to “Friends” co-creator Marta Kauffman last year for $23.6 million, records show.

“We’re happy that the Coastal Commission is echoing what we are also trying to do, and we’re encouraged with the actions that they’ve taken thus far,” said attorney Tim McGinity, who’s representing Attanasio’s neighbor James Kohlberg in the lawsuit. “This citation of the neighboring property owner validates what we have been saying from the start: The beach cannot and should not be treated as a personal sandbox.”

The sand battle has ignited a larger discussion about the private and public use of California’s beaches, as neighbors and cities battle over their share of a seemingly infinite resource that’s drastically shrinking in some areas.