L.A. Couple Goes to Court in Battle to Demolish Marilyn Monroe's Iconic Former Home

The home’s owners filed a lawsuit against the city of Los Angeles to prevent it from being declared a historic and cultural monument so they can demolish it

For Marilyn Monroe fans, the cozy Brentwood, Calif., home where the iconic movie star lived and famously died is considered sacred ground — and a property they would like to preserve forever.

But the fate of the 1929 Spanish, hacienda-style home at 12305 W. 5th Helena Drive is in question – yet again. On Monday, the home’s current billionaire owners filed a lawsuit against the city of Los Angeles to prevent it from being declared a historic and cultural monument so they can demolish it, according to the lawsuit obtained by PEOPLE.

In the lawsuit, the current owners, Brinah Milstein and her husband, Roy Bank, are suing the city, alleging “illegal and unconstitutional conduct and abuse of power by the City of Los Angeles,” regarding the last home where Monroe lived until 1962, when she died at 36.

Related: Photojournalist George Barris, Who Took Last Pictures of Marilyn Monroe, Has Died at 94

The suit alleges that the city violated its own codes and other applicable laws “with regard to the quasi-judicial process required for evaluation of alleged historic cultural monuments."

“All of these backroom machinations were in the name of preserving a house which in no way meets any of the criteria for an “Historic Cultural Monument,” it continues.

The lawsuit claims the city’s alleged actions have taken away "their vested rights as owners of real property" and says the owners are seeking a court order to prevent the home from being declared a historic and cultural monument so they can tear it down.

Milstein and her husband, Roy Bank, bought the property in July 2023 for $8.35 million, according to The Real Deal. They each bought it as individuals, but Milstein also purchased it as trustee of the Glory of the Snow 1031 trust, according to court records.

Related: Marilyn Monroe's Home Saved from the Wrecking Ball (for Now) Following Unanimous Vote

Monroe fans were up in arms when just two months later, on Sept. 5, 2023, they were granted  a demolition permit from the city.

Amid public outcry, the L.A. City Council unanimously voted to temporarily suspend the permit just days after that, according to the Los Angeles Times.

After that, more steps were taken to declare the property historic. In January, the Los Angeles Cultural Heritage Commission voted unanimously to declare the property a historic cultural monument, which delayed the demolition for 180 days to allow the Commission to pursue other avenues for preservation, CBS News reports.

Related: Marilyn Monroe's Death Explored in New Netflix Doc: Why Were the Circumstances Covered Up?

Commissioners said they voted to preserve the home because while Monroe only lived at the property for a short time, it was the only home she ever purchased herself and where she tragically died in her bedroom on Aug. 4, 1962.

The application for declaring Monroe's former home a historic-cultural monument was also approved by the City Council’s Planning and Land Use Management Committee, CBS News reports.

The full City Council is expected to vote on the nomination of the property for historical-cultural monument status by mid-June, according to the Los Angeles Conservancy.

The lawsuit claims that no steps have ever been taken to preserve the home historically.

According to the Los Angeles Conservancy, the home was “identified in 2013 by the City’s SurveyLA program as being potentially historic,” but it notes “the house is currently unprotected.”

The Los Angeles Conservancy said in a statement about the lawsuit that it “greatly thanks Councilmember (Traci) Park for initiating the Historic-Cultural Monument (HCM) process.

“We will continue working with Park’s office to ensure the Cultural Heritage Commission and City Council take this important house under consideration for historic protections. We believe there is a viable path to a win-win resolution.”

The city did not immiedlately respond to PEOPLE’s request for comment.

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