Ozinga Lawsuit: Brothers Sue CEO Over $50M Deal, $30M Diversion

The Ozinga brothers lawsuit is a Cook County dispute filed on February 18, 2026, in which Justin and Karl Ozinga sued their brother and CEO, Martin “Marty” Ozinga IV, along with their other siblings, over a planned $50 million acquisition and roughly $30 million in profit distributions they say were diverted from their trusts. A judge declined to block the acquisition on February 26, 2026, but the broader case is still active.¹

Who Is Suing Whom

Ozinga Bros. is a Mokena, Illinois-based ready-mix concrete company that employs about 2,500 people across five states. When patriarch Martin Ozinga III died in April 2021, his six sons each inherited an equal 15.3 percent stake: Marty IV, Justin, Karl, Aaron, Timothy, and Paul.² The father also established an Ozinga Children’s Investment Trust with a “Special Fiduciary Committee” that, under the trust’s terms, required a unanimous vote to approve investments made through the trust.³

Justin and Karl are on one side. Marty IV, the CEO, is on the other, backed by the remaining brothers named as defendants.

The $50 Million Acquisition at the Center of the Case

The complaint targets a planned $50 million purchase of an unnamed competing ready-mix concrete company. Justin and Karl argued the trust’s Special Fiduciary Committee had to unanimously approve the deal and that Marty was pushing it through over their formal objections. They sought emergency injunctive relief to freeze the funds ahead of a February 28 “drop dead” closing date.³

The Alleged $30 Million Diversion

The suit alleges that Marty diverted about $30 million in Ozinga Bros. profit distributions away from the brothers’ individual trusts and into “Ozinga Stewards,” a family office entity the plaintiffs describe as Marty’s “personal war chest.” The complaint says Marty intended to use those parked funds to help finance the $50 million acquisition.³

Debt, Cost Overruns, and Personal Exposure

Justin and Karl also allege the company is carrying dangerous levels of debt. They point to an East Chicago, Indiana grinding mill project that they say grew from a $65 million budget to more than $150 million by the end of 2025, without formal board approval for the additional spending.³

According to the complaint, the company was forced to refinance its principal loan facility in 2025, incurring roughly $300,000 in fees and higher interest rates. Because the lender requires personal guarantees and pledges of Ozinga Bros. stock from every owner, Justin and Karl argue that Marty’s decisions expose each brother personally.¹

How Marty Ozinga IV Is Fighting Back

Marty and the sibling defendants called the suit “corporate gamesmanship.” In court filings, Marty argued the acquisition offered a “strong business reward” and said walking away could expose the company to damages of “at least $50 million, and likely more” if the seller pulled out.²

The defense also disputes that the Special Fiduciary Committee had veto power over the deal at all. Aaron Ozinga submitted a 2022 email from Justin himself, in which Justin wrote that the committee’s authority “has nothing to do with operational investments of the company.”²

Marty alleges the real motive is money. According to his filings, Justin and Karl had asked to be bought out of their shares, and their opposition to the acquisition surfaced only afterward. His filings claim Justin privately admitted the core issue was that the seller would “get paid before him.”²

A November 17, 2025 text message from Justin, included in filings, reads: “If you guys think you can ignore me and expect me to go away silently, I will bring hell down on all of you.” Justin later rejected reconciliation attempts from Marty, calling them “ignorant, manipulative.” Publicly, Marty said: “To be clear, I love both my brothers and deeply regret that any disagreement with them has come to this.”²

The Court Ruling and What Comes Next

On February 26, 2026, Cook County Circuit Judge William Sullivan denied Justin and Karl’s request for a temporary restraining order, clearing the way for Marty to close the $50 million acquisition. The ruling addressed only the emergency motion and did not resolve the underlying claims about the trust, the profit distributions, or the company’s debt. A follow-up hearing is scheduled for March 19, 2026.²

Justin and Karl’s attorney, John C. Sciaccotta of Chicago’s Aronberg Goldgehn Davis & Garmisa, said after the ruling: “Justin and Karl remain committed to protecting their legacy, their inheritance and the great company built by their father, Martin Ozinga III. They look forward to the next stage in the lawsuit.” Sciaccotta specializes in what his firm calls “business divorce” disputes, including corporate control fights and breaches of fiduciary duty.²

1
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2
The Real Deal. Ozinga Brothers Legal Fight Heats Up as CEO Responds
3
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