The quiet Brentwood cul-de-sac where Marilyn Monroe died is back in a legal spotlight, as a new court battle erupts over whether her onetime home should stand or fall. The house’s current owners have filed a federal lawsuit seeking permission to tear the property down, arguing that the city’s historic-cultural designation has left their $8.35-million lot effectively unusable and stalled their demolition plans.
Battle Over Preservation And Property Rights
As reported by the Los Angeles Times, Brinah Milstein and Roy Bank bought the Spanish Colonial property at 12305 Fifth Helena Drive in July 2023 and secured a demolition permit before preservationists rushed in. According to a City Planning staff report, the Office of Historic Resources opened a landmark nomination in January 2024, and the City Council followed in June 2024 by designating the house a Los Angeles Historic-Cultural Monument, which under city code halted demolition.
Owners' Case: 'Useless' Property, Trespass Troubles
In a complaint filed on Jan. 23, 2026, the homeowners claim the Historic-Cultural Monument designation amounts to an unconstitutional taking that, in their words, "deprived Plaintiffs of their intended demolition of the house and the use and enjoyment of their Property without any actual benefit to the public." They also argue that the designation has turned the site into a magnet for trespassers and tour buses, citing a November 2025 break-in and other unwelcome attention, according to the federal complaint. Courthouse News recapped the suit and the couple’s contention that decades of remodels have wiped out any physical trace of Monroe’s brief residency.
City Pushback And Preservation Rationale
City planners and preservation advocates counter that the house is tied to Monroe’s life and deserves protection. The landmark nomination concludes that the residence "is associated with the lives of historic personages" and highlights Monroe’s ownership of the property in 1962, as detailed in the staff report. Local coverage has shown that councilmembers and neighborhood preservationists moved quickly once demolition plans surfaced, and the city has indicated it will defend the designation in court, according to WestsideToday and other reporting.
Legal Trail Could Stretch For Years
The lawsuit warns that even if the owners tried again for a demolition permit, they would be staring down a long regulatory road. The filing outlines how the California Environmental Quality Act review, referrals to the Cultural Heritage Commission and potential third-party challenges could turn any demolition bid into a multi-year and costly fight. In the federal filing, Milstein and Bank argue that the city’s preservation-oriented ordinance leaves them with no realistic path to knock the house down.
Why Angelenos Are Watching
For many in Los Angeles, the case has become a test of how the city weighs property rights against the pull of Old Hollywood history, particularly when the place in question is a small, privately owned home rather than a studio backlot or grand theater. As noted by the Los Angeles Times and documented in the city’s planning report, whatever a judge decides could ripple into future clashes between redevelopment plans and Los Angeles’s preservation rules.
