LOS ANGELES — Brinah Milstein and Roy Bank filed a federal lawsuit against the City of Los Angeles over its Historical-Cultural Monument designation of their Brentwood property, according to court filings. The City of Los Angeles filed a court document seeking to dismiss the federal lawsuit.

Milstein and Bank purchased the Brentwood property for just over $8 million in 2023, according to court filings. They applied for and received city approval to demolish the home and begin new construction after their purchase. The City of Los Angeles designated the property a Historical-Cultural Monument in 2024 after the demolition permits were approved.

City attorneys said the homeowners should have known before purchasing that the property was a known destination for tourists and a candidate for future designation status. "Despite the explicit notice that the Property was a known destination for tourists and a candidate for future landmark status, Plaintiffs proceeded with the $8.35 million purchase," city attorneys wrote in court filings.

The property has been a tourist attraction since Marilyn Monroe's naked body was wheeled out of the home on a gurney in August 1962. City attorneys said the Historical-Cultural Monument designation is not technically final and there is no basis for the lawsuit.

A lower state court denied the homeowners' petition to compel the city to allow demolition of the house, according to court filings. The homeowners are currently challenging the state court decision in the state Court of Appeals.

Homeowners claimed the Historical-Cultural Monument designation caused increased tourists and trespassers at the property, according to court filings. "The City's designation does not encourage, let alone mandate, that Plaintiffs provide members of the public with access to the Property. The City's action in no way appropriated a right to invade the property," city attorneys wrote.

City attorneys said homeowners could challenge the designation by filing for a new demolition permit under the Historical-Cultural Monument designation but did not pursue that option. "The alleged lack of economic utility is a function of Plaintiffs' own choice not to maintain the improvements, rather than a restriction imposed by the City," city attorneys wrote.