Judge Blocks Couple’s Latest Bid to Demolish Marilyn Monroe’s Former L.A. Home

A couple’s attempt to demolish the former home of Hollywood icon Marilyn Monroe has once again been thwarted by a federal court, leading to frustration and plans for an appeal. On 28 September 2023, U.S. District Judge Percy Anderson dismissed Brinah Milstein and Roy Bank’s legal challenge against Los Angeles’ designation of the Brentwood property as a Historic-Cultural Monument (HCM). This designation has been at the centre of the couple’s grievances, as they claim it has dramatically diminished the property’s value and impeded necessary renovations.

The couple purchased the historic residence in early 2023, intending to undertake significant renovations and structural improvements. In their lawsuit, they contended that the home’s status as a historic site amounted to a taking of their property rights, citing it had lost nearly 91% of its initial value since the designation. Court documents reveal that the house, previously valued at £8.5 million, is now worth only £820,000, which they argue underscores the financial burden imposed by the city.

Following the announcement on 28 September, the couple’s attorney, Dave Breemer from the Pacific Legal Foundation, expressed disappointment but vowed to pursue an appeal. He argued that the extensive restrictions placed on Milstein and Bank’s property constitute a significant overreach by the City of Los Angeles. “This is not the end of the road,” Breemer assured in a statement. “We are prepared to continue fighting to protect their property rights.”

Despite acknowledging the property’s devaluation, Judge Anderson found that the couple did not present a sufficient basis for a taking claim and therefore granted the motion to dismiss the lawsuit. This ruling is not the first setback the couple has faced; their initial complaint was dismissed earlier in May, adding to their mounting frustrations.

Milstein and Bank began their legal proceedings in January, asserting their desire to demolish dilapidated structures on the property and had even incurred expenses amounting to £30,000 for the proper permits. However, an unexpected turn arose on 8 September, when the City Council moved to consider the historical designation of the residence, a decision they allege was made without prior notification to them. The Council’s approval, which occurred in June 2024, has temporarily halted any intended construction work.

The couple’s complaint argues that there is little remaining of Monroe’s legacy at the site. The actress, who stayed at the property for merely six months between February and August 1962, has not left a significant mark on the house itself, which has seen numerous renovations over the years. The property has changed hands 14 times and been issued more than two dozen building permits without consideration of its historic status.

Monroe’s time at the residence was tragically cut short when she was found dead in August 1962, the official cause ruled as an overdose from prescribed medications. The owners believe that the home should not be bound by its short-lived association with the star, particularly given the alterations it has undergone since her residency.

Since the property received its landmark status, the couple claims they have witnessed a surge of tourists drawn to the site along with a rise in security concerns. They have hired private security to manage trespassing incidents fueled by the heightened interest in Monroe’s past. The couple is now seeking not only the reinstatement of their previous demolition permits but also full compensation for their investment in the home.

Milstein and Bank’s struggle underscores the conflict between property rights and historical preservation in Los Angeles, a city rich in cultural narratives but often scrutinised for how it balances these competing interests. As the couple prepares for their next steps in court, their case may ignite further conversation about the implications of historic designations and ownership within the region.