Marilyn Monroe death home owners smacked down by judge

A Los Angeles couple has encountered another roadblock in their efforts to demolish Marilyn Monroe’s former residence and construct a new home on the site.

On Wednesday, a federal court judge in the Central District of California dismissed Roy Bank and Brinah Milstein’s lawsuit against the city of Los Angeles. This decision marks a significant hurdle for the couple’s plans to redevelop the iconic property.

In January, Bank and Milstein filed a lawsuit following the city’s decision to designate Monroe’s former home, which she owned for just six months, as a “Historical-Cultural Monument.” This designation effectively prevented them from proceeding with the demolition.


The couple seeking to demolish the home Marilyn Monroe died in was dealt a major blow in court. Rafael Fontoura for CA Post

The couple argued that the city’s actions amounted to an “unconstitutional taking” of their property rights.

Having purchased the property for over $8 million in 2023, Bank and Milstein had already secured permits to demolish the house and initiate new construction when the city unexpectedly reversed its stance, according to their court filing.

In 2024, Los Angeles officially granted the 1929 Spanish Bungalow monument status, despite the couple’s claims of spending $30,000 to acquire the necessary permits for their redevelopment plans.

The couple alleged that the move was done “without any public purpose or just compensation”

“Not a trace of Ms. Monroe’s short tenure at the house remains at the property or in the house — and the house has been substantially altered by successive owners over more than sixty years,” their complaint stated. 

The single-family Brentwood home, located on the end of a dead-end street in a multi-million dollar neighborhood, has now become a tourist attraction.


Marilyn Monroe
Monroe died at 36 of an overdose. Michael Ochs Archives

The couple claimed that they had to hire private security after burglars broke into the home looking for Monroe memorabilia.

The “Some Like it Hot” star bought the residence in February 1962, shortly after her divorce from playwright Arthur Miller.

She was found dead at 36-years old the following August with “acute barbiturate poisoning,” and her death was ruled by the coroner as the result of an overdose and likely a suicide.

The couple’s lawyer told People Magazine that the fight isn’t over.

The court’s decision is a bit surprising, but it’s not over. We are preparing our next steps in this case,” Pacific Legal Foundation attorney J. David Breemer said.

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