American actor Marilyn Monroe (1926 – 1962), circa 1952. Photo: Getty Images
A California couple is suing Los Angeles after the city blocked them from tearing down their property – Marilyn Monroe’s former home – and declared it a historic monument.
In their federal lawsuit, Brinah Milstein et al. v. City of Los Angeles, homeowners Brinah Milstein and Roy Bank say they bought the Brentwood property for $11m (US$8 million) in 2023 with plans to demolish its deteriorating structures and redevelop the site.
Monroe owned the 2,300-square-foot Spanish bungalow for about six months before her death.
The complaint says the property has been heavily altered over decades by 14 previous owners and is in declining condition.
The owners say Los Angeles issued demolition and grading permits on Sept. 7, 2023.
An aerial view of the house where actor Marilyn Monroe died is seen on July 26, 2002 in Brentwood, California. Photo: Getty Images
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A day later, the City Council moved to begin the process of declaring the property a historic-cultural monument after fans of Monroe and historians pressured the city to stop the demolition.
Council member Traci Park, whose district includes the property, pushed to protect the home, and the City Council ultimately voted in June 2024 to designate the site a “historic-cultural monument.”
The owners say that move killed their demolition plans and turned a private home into what amounts to a public monument without compensation.
“They couldn’t demolish, couldn’t repair, couldn’t build and couldn’t sell to someone who could. The city had effectively turned their private property into a public monument without paying for it,” Pacific Legal Foundation said in a press release Friday announcing it had joined the homeowners’ legal fight.
The couple said they purchased the property for over $11 million (US$8 million) and have since absorbed approximately $41,000 (US$30,000) in permits, hundreds of thousands of dollars for added security and millions in attorneys’ fees.
This Brentwood abode, located at 12305 Fifth Helena Drive in the upscale Los Angeles neighbourhood, was once owned by Marilyn Monroe. Supplied
American actor Marilyn Monroe (1926 – 1962) poses outside her home during a photo call, California, USA, 1956. Photo: Getty Images.
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Their lawsuit also claims they pay over $139,000 (US$100,000) annually in property taxes, insurance and utilities to hold the property, which remains unusable as they intended.
They say the city’s designation has created a tourist trap and security risk with multiple break-ins.
The complaint also alleges the walled-off property isn’t viewable from the street, so designating the property a landmark “lacked a public purpose.”
“The City took no action regarding the house’s now-alleged ‘historic’ or ‘cultural’ status, essentially admitting it was neither and that no public good would be served by so designating the house or the Property,” the complaint states.
According to Pacific Legal Foundation, the couple offered to pay to relocate the home so it could be turned into a public museum, but the city refused.
The owners had planned to demolish the house. Photo: Supplied
The complaint says the cultural-historic designation, along with its unrentable condition, leaves the house’s market value “zero or a negative amount.”
The lawsuit, which names Mayor Karen Bass and the City of Los Angeles as defendants, argues the city’s preservation decision amounts to an unconstitutional taking under the Fifth Amendment.
“These homeowners have a straightforward request: either let them use their own property or compensate them fairly for turning it into a public monument,” said Pacific Legal Foundation lawyer J. David Breemer.
This Brentwood abode, located at 12305 Fifth Helena Drive in the upscale Los Angeles neighbourhood, was once owned by Marilyn Monroe. Supplied
Inside the home. Photo: Supplied
“The Fifth Amendment doesn’t have caveats. If the City of Los Angeles wants a museum, it must pay for one — not force private homeowners to bear the cost and liability.”
Los Angeles filed a motion to dismiss the case, arguing the owners knew before buying the home that it had Marilyn Monroe ties, attracted tourists and could some day be landmarked.
They also argue the owners have not shown a valid constitutional taking claim yet and have not exhausted all available city processes for altering the property.
The owners previously challenged the designation in state court and lost at the trial court level before filing the federal takings case.
Mayor Karen Bass’ office and the Los Angeles City Attorney’s Office did not immediately return Fox News Digital’s request for comment.
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