Federal Judge Dismisses Lawsuit Over Marilyn Monroe’s Brentwood Home

Owners who want to demolish home where Marilyn Monroe died get smacked down by judge – Image for illustrative purposes only (Image credits: Unsplash)

Los Angeles – A federal court has delivered a clear setback to the owners of the Brentwood residence where Marilyn Monroe spent her final days. Brinah Milstein and Roy Bank had challenged the city’s decision to designate the property a historic cultural monument, arguing that the move amounted to an unconstitutional taking of their land. On May 6, U.S. District Judge Percy Anderson dismissed their lawsuit, though he gave the couple until May 26 to file an amended complaint.

Background of the Dispute

The single-story Spanish Colonial-style home in Brentwood became the center of controversy after the couple purchased it in 2023 for roughly $8 million. They secured demolition and grading permits shortly after the purchase, intending to clear the aging structure and expand their adjacent property. Public outcry and pressure from preservationists quickly followed, prompting the Los Angeles City Council to initiate the historic designation process just one day after the permits were issued. The city ultimately revoked the permits and formally declared the house a cultural landmark in 2024. Monroe had owned the residence briefly in 1962, and it was there that she was found dead from an overdose of barbiturates on August 5 of that year. The designation effectively froze any redevelopment plans and left the property vacant and deteriorating.

Legal Path to the Latest Ruling

Milstein and Bank first took their fight to state court, where a Los Angeles Superior Court judge rejected their claims in September 2025. The couple then filed a federal lawsuit against the City of Los Angeles and Mayor Karen Bass, alleging that the historic designation violated their Fifth Amendment rights by depriving them of property without just compensation or a valid public purpose. Judge Anderson’s dismissal focused on the procedural and substantive shortcomings of the federal complaint. The ruling does not end the owners’ options entirely, but it reinforces the city’s authority to protect sites tied to significant cultural history. Preservation advocates have welcomed the decision as a victory for maintaining the integrity of Los Angeles landmarks.

Implications for Historic Preservation

The case highlights ongoing tensions between private property rights and public efforts to safeguard places of historical importance. Similar disputes have arisen across the country when cities apply landmark ordinances to privately owned structures. In this instance, the Brentwood home’s connection to Monroe has drawn national attention and sustained public interest in its fate. City officials have maintained that the designation serves a legitimate public interest by preserving a tangible link to one of Hollywood’s most enduring figures. The owners, meanwhile, have described the process as an overreach that has cost them significant investment and left the property in limbo. With the May 26 deadline approaching, observers will watch closely to see whether the couple pursues further legal action or explores alternative uses for the site. The home remains standing and protected for now, ensuring that one of the last physical connections to Monroe’s life in Los Angeles continues to exist.