Los Angeles is attempting to dismiss a lawsuit from the owners of the home where Marilyn Monroe passed away, describing the claim as unfounded and “premature.”
Brina Milstein and Roy Bank bought the Brentwood property in 2023 for over $8 million. Soon after, they secured city approval to demolish the house and start new construction, as detailed in the lawsuit obtained by the Post.
However, after permits were issued, the city abruptly designated the home as a “historical and cultural monument” in 2024, according to the homeowners.
Consequently, they filed a lawsuit, asserting that this historic designation made the property essentially worthless and inhibited them from recouping their investment.
City lawyers countered this argument in documents submitted to the court on Thursday.
The city contended that the homeowners should have been aware that the property could become a historical and cultural monument and that they were warned about potential tourist traffic before finalizing the purchase.
“Despite clear notice that the property is a known tourist destination and a candidate for future landmark status, Plaintiff proceeded with the $8.35 million purchase,” the filing states.
City attorneys maintained that the designation is not final, which means there’s no basis for litigation.
They also mentioned that the homeowners have options to contest the designation, including applying for a new demolition permit under the historic classification. According to the city, this alternative was never explored by the homeowners.
The owners claimed that being designated a historical and cultural monument led to various issues, such as an influx of tourists and trespassers. However, the city argued that the homeowners could still take action against trespassers, making their complaints moot.
“The City’s designation does not encourage, much less compel, Plaintiffs to provide the public with access to the property. The City’s actions in no way constitute a usurpation of the right to enter the property,” the city’s attorneys stated.
The city also asserted that the homeowners’ investment wasn’t wasted due to the designation, as the property could still function as a residence. Instead, the city claimed the owners were to blame for making the property “unrentable.”
“The alleged lack of economic utility is due to Plaintiffs’ own choice not to maintain the improvements, rather than any city-imposed restrictions,” the lawsuit reads.
This Spanish-style bungalow, complete with a pool, is situated on a dead-end street in a high-value neighborhood and has been a tourist attraction since Monroe’s body was transported from the property in August 1962.
The owners are seeking permission to demolish the house. A lower state court denied their request, and now they are appealing that decision in a state appellate court.
