The couple is seeking the right to demolish the property, alleging that the city has engaged in "illegal and unconstitutional conduct and abuse of power" in relation to the property they purchased in July 2023, as reported by the Los Angeles Times.
The couple acquired the property for a sum of $8.35 million, with plans to demolish the existing structure and expand their current residence, which is situated adjacent to the property. Monroe, who was only 36 at the time of her death, succumbed to an overdose in this very Brentwood property.
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The lawsuit states that the city initially issued a demolition permit to the couple, which was put on hold for 30 days to allow for any objections. The couple asserts that no objections were raised during this period, and the permits were subsequently issued. This led to them incurring expenses exceeding $30,000 before they received a notice of a "stay" invoked by the city.
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In September of last year, the Los Angeles City Council stepped in to temporarily halt the demolition of the property. This move was applauded by Monroe's fans and historians, as reported by KCAL News. Scott Fortner, a collector and ardent fan of Monroe, equated the home to Graceland for Monroe's admirers.
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Fortner highlighted the significance of the property, which Monroe purchased in 1962 for just over $77,000, following her divorce from playwright Arthur Miller. He stated that the house symbolized a fresh start for the star and served as a memorial, with its front step tiles reading "Cursum Perficio" — Latin for "my journey ends here."
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In September, the City Council initiated proceedings to consider designating the property as a historic cultural monument. This move, if successful, would render the demolition permits invalid. However, Milstein and Bank have resisted this move.
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The couple argues in their lawsuit that Monroe's occupancy of the house was brief, lasting less than six months in 1962. They also contend that the house has been "substantially altered" over the years. The lawsuit states, "There is not a single piece of the house that includes any physical evidence that Ms. Monroe ever spent a day at the house, not a piece of furniture, not a paint chip, not a carpet, nothing."
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The lawsuit further alleges that the city's push for the designation violated its own codes, depriving the plaintiffs of their "vested rights as owners of real property" and causing them "irreparable harm." The City Council is set to vote on the historic cultural monument designation by mid-June.
Representatives for Milstein, Bank, and the City of Los Angeles have not yet responded to requests for comment from Business Insider.
Brentwood, known for its rich Hollywood heritage and former notable residents like Betty White and Joan Crawford, has seen tensions rise over preservation efforts due to the high value of the land. A recent example is the uproar caused by actor Chris Pratt and his wife Katherine Schwarzenegger when they demolished a midcentury modern house designed by architect Craig Ellwood to make way for a mansion.
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Liz Waytkus, the US executive director of the conservation nonprofit Docomomo, told Dezeen last month that the demolition highlighted a "systemic" problem in the area. She noted, "The land has become more valuable than the house, and even if people understand the value of such a home, location and land value often trump architectural significance."