A couple in California has taken legal action against the city of Los Angeles after it prevented them from demolishing what used to be Marilyn Monroe’s residence, designating it instead as a historical monument.
In their federal lawsuit, titled Milstein et al. v. City of Los Angeles, homeowners Brina Milstein and Roy Bank explained that they purchased the Brentwood property for $8 million in 2023, intending to tear down the run-down building and redevelop the lot.
Monroe owned the 2,300-square-foot Spanish bungalow for about six months prior to her passing.
The place has seen extensive renovations over the years under 14 different owners, and its condition has worsened, as detailed in the complaint.
According to the owners, the city approved a demolition permit on September 7, 2023. However, just a day later, following pressure from Monroe fans and historians, the City Council initiated steps to classify the property as a historic and cultural monument.
City Councilor Tracy Park pushed for the house’s preservation. Eventually, the council voted in June 2024 to officially designate the site as a “Historic and Cultural Monument.”
The owners argue this decision disrupts their demolition plans and effectively transforms the house into a public monument for free.
“They weren’t able to demolish or repair it, nor could they sell it to someone else who could do something. The city essentially turned their private property into a public space without compensation,” stated the Pacific Law Foundation in a press release announcing its involvement in the homeowners’ legal fight.
Having acquired the property for over $8 million, the couple claims they’ve already spent about $30,000 on permit fees, hundreds of thousands on security, and millions on legal costs.
Their lawsuit also claims they pay over $100,000 annually in taxes, insurance, and utilities on a property they cannot use as intended.
They assert that the designation poses safety issues, resulting in frequent break-ins due to the attention from tourists.
Additionally, the lawsuit argues that marking the property as a landmark doesn’t serve a public purpose since it cannot be seen from the street.
“The city hasn’t taken any steps regarding the home’s claimed ‘historic’ or ‘cultural’ status, essentially acknowledging that it’s neither and that designating it as such serves no public interest,” the complaint noted.
The couple even offered to finance the relocation of the home to turn it into a public museum, but the city declined, according to the Pacific Law Foundation.
The complaint indicates that the cultural and historical designation, along with its unusable status, has rendered the home’s market value “zero or negative.”
Mayor Karen Bass and the City of Los Angeles are named as defendants in the lawsuit, which contends that the city’s actions violate the Fifth Amendment.
“These homeowners just want to use their property or receive fair compensation for it becoming a public monument,” stated J. David Breemer, an attorney with the Pacific Legal Foundation.
“The Fifth Amendment doesn’t have any exceptions. If Los Angeles wants a museum, it must pay for it. It can’t push the financial burden onto private homeowners.”
The city of Los Angeles has sought to dismiss the lawsuit, arguing that the owners were aware of the property’s connections to Marilyn Monroe before purchasing it, implying it would draw tourists and possibly become a landmark in the future.
Additionally, the city contended that the owners have not established a valid constitutional claim and have not completed all available city processes related to altering the property.
The owners had previously contested the designation in state court but lost before turning to a federal enforcement action.
At the time of this report, there was no immediate response from Mayor Bass’ office or the Los Angeles City Attorney’s Office.
