My $1million dreamhouse fell into the ocean…but now I’m the one being sued

A man’s Hawaiian oceanfront home collapsed into the ocean — and now the state is suing him for allowing it to happen.

Heartbreaking footage shared on social media earlier this week showed the home on Oahu’s north shore falling apart and collapsing in the crashing waves.

Homeowner Josh VanEmmerik, 31, owns a bar called Gaslamp in Kailua and grew up in the area.

The house was his dream: a slice of Hawaiian heaven on the ocean.

But after being accused of multiple violations, including failing to properly protect it, he is now being sued for allowing the structure to float in the ocean.

As the building collapsed, a neighbor who shot the video could be heard warning onlookers: “Be careful where you stand. The whole roof is coming down now.’

The legal complaint states that at the time the house collapsed, the debris became undesirable material on state land.

In Hawaii, all beaches up to the high tide line are public property.

“On September 24, 2024, large areas of cement, wood, glass, electrical components, rebar, geotextiles, and other unidentified solid materials covered the state lands extending between the property line and the ocean,” the complaint alleges.

The filing went further, stating that “an unknown quantity of solid material from the residence on Affected Property 2 entered the ocean and was removed from the site as a result of the natural processes of the ocean.”

The lawsuit seeks an order to enforce the removal of debris, in addition to financial compensation.

The state plans to “restore the beach to its natural state for public use,” the newspaper reported.

Demolition of the house started on Thursday. Excavators were seen demolishing the remaining parts of the property, while debris from Tuesday’s collapse continued to be thrown into the ocean.

Instagram user Kevin_makana_emery, who shared the shocking video on Wednesday, captioned it: Hawaii state officials could have prevented this! But they did ABSOLUTELY NOTHING.”

He called on the state to take action.

‘This situation has been going on for years. Why are you NOT here to clean this up!!! Talk about EXTREMELY DANGEROUS for our community members. broken glass, metal, nails, BS covering the entire beaches and reefs right now.”

The video reveals the devastating scene of destruction, with glass, metal and wood strewn across the sandy beach and pushed into the ocean.

‘This is the beach where my daughter plays. It is literally covered in broken glass,” he added.

Dozens of viewers weighed in on the situation.

One commenter argued, “Legally, it’s not the state’s problem. It’s a property owner’s problem. It’s like blaming the government when lightning strikes a house and it burns down.”

Others, however, sided with the homeowners. ‘It’s very sad to see this. Government negligence is real and is killing many innocent people. It is even sadder for the families in the region.’

Another concerned viewer commented: ‘Worried about all that dangerous glass and stuff that can go right through your body if you step on it or fall on it! Take lots of pictures!! send it to the mayor.’

Deputy Attorney General Danica Swenson said HawaiiNewsNow: ‘Private landowners are taking a risk when they allow structures to stand so close to the coastline.’

“The people of Hawaii are now facing the consequences of property owners’ failure to heed the warning signs of ocean erosion.”

In December 2023, the Hawaii Board of Land and Natural Resources fined VanEmmerik as much as $77,000 for erosion control violations for his home in Sunset Beach, as reported by Spectrumlocal news.

The violations stemmed from a series of unauthorized attempts to save his property from the encroaching ocean.

Last year, VanEmmerik allegedly placed small polypropylene sandbags on top of older, failed erosion control measures, then poured concrete over the bags and placed rocks on the beach, as reported by KITV.

All opponents have broken the law in the State Land Use Conservation District.

Despite a settlement agreement requiring the removal of all unauthorized structures by September 30, 2023, Office of Conservation and Coastal Lands (OCCL) staff reported finding debris in the sand.

A neighbor, Ken Bradshaw, told Island News at the time that the erosion was inevitable.

‘It was going to happen anyway, erosion is going to happen – this particular beach on the north shore is seriously prone to summer erosion, not winter erosion, trade winds, summer waves come and move everything towards Waimea, this is an ongoing thing, I’ve lived for forty years in my house, I saw everything.’

‘There was an old Hawaiian family that had property that was originally from Wahiawa, they finally sold it to a man who was overly zealous and thought he could prevent it (damage) and I warned him three times myself – buy this property not,” he added.

OCCL Administrator Michael Cain emphasized the importance of protecting Hawaii’s beaches.

“The beaches have been placed in trust by the state for the people of Hawaii, it is the responsibility of the DLNR to protect these resources,” he said at the time.