Fence Removed Blocking Public Access To Beach, Ending Saga Involving Convicted Fraudster: Report

DALY CITY, CA — Daly City workers have removed the long chain-link fence that had been blocking a popular path to Thornton State Beach, ending weeks of community outrage, legal maneuvering, and police intervention, according to a report by the San Francisco Chronicle.

The fence, erected in early January, was installed across four vacant parcels overlooking the ocean by convicted fraudster and San Francisco real estate investor Luke "Lucky Luke" Brugnara, acting through an affiliated company, Olympic Way LLC, the SF Chronicle reported.

City and county officials celebrated the removal Friday, calling it a victory for public coastal access. Daly City Mayor Glenn Sylvester emphasized that the area has been open to the public for years and that continued access to the beautiful area should be protected, the SF Chronicle reported.

The removal followed several instances where members of the public tore down portions of the fence, only for it to be reinstalled. On Friday, Daly City commissioned workers to dismantle the fence across seven acres between the beach and Skyline Boulevard.

The city’s action proceeded despite an attempt by Yitong Wen, identified in earlier court filings as Brugnara’s girlfriend, to obtain a temporary restraining order to preserve the fence. A San Francisco County Superior Court judge denied the initial order, and Daly City attorneys successfully argued the case should be transferred to San Mateo County, where the property is located. Judge Charles Haines noted inconsistencies in Wen's claims of being a "20% owner" due to a lack of supporting documentation, ordering her to file a deed by Feb. 24, the SF Chronicle reported.

According to a Chronicle investigation, ownership of the four parcels is complex and fractured, involving at least nine people, with Olympic Way LLC owning only a small fraction of the land. The investigation found that the southernmost parcel has had no transactions for decades, and other owners include sisters Donna Pope and Joan Kneass, Utah resident Bruce Norton, and four siblings: Patricia Fraguglia, Paul Nagy, Carolyn Nagy, and James Nagy.

A handwritten deed filed with San Mateo County shows Paul Nagy granted portions of three parcels to Olympic Way LLC in November, though the documentation had a typo on one parcel number. Nagy said he gifted Brugnara his 1/24th interest but denied agreeing to an attachment that appeared to transfer his siblings' shares, suggesting it "may have been some finagling on the part of Luke," the SF Chronicle reported.

Stephen Rose, a lawyer for Norton, the largest shareholder, stated that the deed to Brugnara's LLC is "not valid" without the consent of a majority of owners, citing a 2019 court order. San Mateo County Supervisor David Canepa has asked the County Clerk to investigate the legality of the deed based on concerns about misinformation, notarization, and the requirement for majority owner consent, the SF Chronicle reported.

Daly City attorney Rose Zimmerman told the Chronicle the city obtained consent from other property owners for the removal and would seek to recover costs from Olympic Way LLC.

Supervisor Canepa was quoted saying the removal "sends a clear message to Lucky Luke, whose luck is running out... We’re not tolerating this." However, he cautioned that this might not be the end of Brugnara's attempts, noting that "Luke and Yitong, they have a pattern of trying to draw things out."

The fence saga has been marked by conflict. Wen, who disputes being Brugnara's girlfriend and claims he is a real estate adviser to her family, sent a video to the Chronicle showing a confrontation with members of the public outside the fence. Meanwhile, Brugnara was arrested last month by Daly City police on suspicion of making criminal threats and being a felon in possession of a firearm after he allegedly threatened a couple walking their dog, the SF Chronicle reported.

Brugnara, who has a long history of legal disputes, is out on bond in a federal fraud case related to COVID payments. After his Daly City arrest, prosecutors sought to revoke his bond, and a bench warrant was issued after he missed a status hearing, though he had not been taken into custody as of Friday. Brugnara previously served prison time for art fraud and other convictions, and has a history of unauthorized construction and escape attempts, the SF Chronicle reported.

Read the full story at the SF Chronicle.