A high profile legal battle unfolding in Brentwood is putting Los Angeles historic preservation policies under renewed scrutiny. At the center of the dispute is the former home of Marilyn Monroe, a property whose cultural legacy now conflicts directly with the rights of its current owners and the evolving realities of luxury residential development.
The case underscores a broader challenge facing homeowners, investors, and developers across Los Angeles, where landmark designations can dramatically alter property value, use, and long term planning.
The Property at the Center of the Dispute
The home located at 12305 Fifth Helena Drive holds a unique place in Hollywood history as the final residence of Marilyn Monroe. In 2023, the property was purchased by Brinah Milstein and Roy Bank for approximately 8.4 million dollars. At the time of purchase, the home carried no historic designation and had changed ownership several times since Monroe lived there, undergoing multiple renovations along the way.
After acquiring the property, the owners followed standard city procedures and applied for demolition permits with the intent to build a new residence. Those permits were approved by the City of Los Angeles, clearing the way for redevelopment under existing zoning and planning rules.
A Landmark Designation After Approval
The conflict escalated in 2024 when the city designated the property as a Los Angeles Historic Cultural Monument. The designation came after demolition permits had already been issued, effectively halting the owners redevelopment plans.
According to the homeowners legal filings, the city action transformed a private residence into what they describe as an involuntary tourist destination. They allege increased traffic congestion on the narrow residential street, repeated trespassing incidents, and individuals attempting to access the property in search of memorabilia.
Security Concerns and Financial Impact
The owners claim that heightened public interest in the home led to a burglary in late 2025, with intruders allegedly searching for items connected to Monroe. As a result, they say they were forced to hire private security to protect the property.
From their perspective, the historic designation has rendered the property functionally unusable while imposing additional costs and risks. The lawsuit argues that the city failed to act for decades following Monroe death and only moved to preserve the home after private redevelopment plans were already underway.
The Legal Arguments at Stake
Milstein and Bank are asking the court to either allow demolition to proceed or require the city to compensate them for the full value of the property. Their argument centers on property rights and reliance on previously approved permits.
City officials maintain that the designation serves the public interest by preserving a site of cultural significance. A Los Angeles Superior Court judge previously sided with the city, blocking the owners demolition request and setting the stage for the ongoing legal challenge.
What This Case Means for Los Angeles Homeowners and Investors
This dispute highlights the risks associated with purchasing properties that may carry historical or cultural significance even if no designation exists at the time of acquisition. In Los Angeles, landmark status can be applied retroactively, creating uncertainty for owners who plan renovations, redevelopment, or new construction.
For investors and luxury homebuyers, the case serves as a reminder that due diligence must extend beyond zoning and permits to include potential preservation advocacy and political factors that may emerge after a transaction closes.
Navigating Historic Designation With Expert Guidance
As Los Angeles continues to balance growth, preservation, and housing needs, cases like this are likely to become more common. Understanding how city policies intersect with private property rights is essential for making informed real estate decisions.
Work With Boutique Realty for Strategic Local Insight
At Boutique Realty, we help clients navigate complex residential transactions across Los Angeles, including properties affected by historic designation, redevelopment restrictions, and evolving city regulations. Whether you are purchasing a legacy property, planning a renovation, or evaluating redevelopment potential, our team provides the local expertise and strategic guidance needed to protect your investment.
Connect with Boutique Realty to explore opportunities with clarity and confidence in today evolving Los Angeles real estate landscape.