April 25, 2026 - Los Angeles, California - Pacific Legal Foundation has joined a federal lawsuit over a home once owned by 
Marilyn Monroe. The lawsuit aims to prevent the government from forcing individual property owners to shoulder the financial burden of public historic monuments.
Download PLF Opposition to Motion to Dismiss
Now represented at no cost by Pacific Legal Foundation, a California couple is suing Los Angeles for violating their Fifth Amendment rights by declaring their property a historical monument and revoking already granted demolition permits. Brinah Milstein and Roy Bank argue that the City has taken their property rights without just compensation by eradicating all viable economic uses for the property and causing the public to trespass to view the new “monument.”
“These homeowners have a straightforward request: either let them use their own property or compensate them fairly for turning it into a public monument,” said J. David Breemer, an attorney with Pacific Legal Foundation. “The Fifth Amendment doesn’t have caveats. If the City of Los Angeles wants a museum, it must pay for one — not force private homeowners to bear the cost and liability.”
In 2023, Milstein and Bank bought a deteriorating property to demolish and redevelop. The City approved their demolition permits, then abruptly reversed course. It began the process of designating their property a historical monument and revoked their permits. Marilyn Monroe owned the home for 157 days before her death in 1962. Prior to Milstein and Bank’s purchase, the City did not raise a preservation concern for the property for over 60 years, while 14 successive owners renovated both the home and grounds, eradicating any trace of Monroe’s time there.
The new historical designation left Milstein and Bank trapped. They couldn’t demolish, couldn’t repair, couldn’t build, and couldn’t sell to someone who could. The City had effectively turned their private property into a public monument without paying for it. And the public came anyway — fans flew drones overhead, trespassers scaled the walls, and burglars broke in hunting for traces of Monroe. The City had created a tourist attraction; Milstein and Bank were left to secure and fund it.
Rather than fight, they offered a solution: They would personally pay to relocate the home to create an accessible public museum. The City refused and finalized the historical designation. With no remedy left, the homeowners filed a federal lawsuit.
The case is Brinah Milstein et al. v. City of Los Angeles et al.
About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.
Source: Pacific Legal Foundation
