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The home where Marilyn Monroe died in 1962 was named a historic cultural landmark in 2024 after the urging of preservationistsIts owners say they were given no notice of the change and it has blocked their plans to demolish the structures, which they bought for $8.35 million in 2023The couple claim the home has undergone numerous renovations and seen 14 owners since Monroe’s death and no longer has meaningful ties to her

The owners of the Los Angeles home where Marilyn Monroe died are suing the city and mayor Karen Bass after the alleged “unconstitutional taking” of their private residence, according to a civil complaint obtained by PEOPLE. 

Husband and wife Roy Bank and Brinah Milstein, who currently reside at the property, filed suit against the city and Bass on Jan. 23 in the Central District Court of California, Western Division. In the complaint, the owners allege L.A. took their single family Brentwood residence “without any public purpose or just compensation” through the use of the city’s “Historic Cultural Monument” ordinance.

According to the complaint, Bank and Milstein purchased the property in 2023 for $8.35 million. At the time, the purchasers bought the residence “with the clear intent of demolishing the dilapidated structures on the property,” per court documents. They claim they spent an additional $30,000 to secure the proper demolition and grading permits — which the city initially approved. 

An aerial view of Marilyn Monroe’s former Los Angeles home.

Mario Tama/Getty

However, problems began to arise for the homeowners on Sept. 8, 2023, when the City Council approved a motion, allegedly “without any notice” to the owners, to consider the property for a historic-monument designation. The motion subsequently invalidated the couple’s legally issued permits. 

The complaint says the City Council ultimately approved the designation on June 26, 2024, against the wishes of the homeowners.

Bank and Milstein allege that the city shouldn’t have had any interest in the home since the property’s connection to the actress is far removed. 

“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,” attorneys claim in the complaint. 

Marilyn Monroe poses outside her home in 1962.

Gene Lester/Getty

According to Variety, the Some Like It Hot star lived in the 1929 Spanish Colonial-style house for only 6 months.

She purchased the property in February 1962 shortly after parting ways with her husband, playwright Arthur Miller. However, the civil complaint says Monroe only “occasionally occupied” the house while traveling between her other residences in New York City and elsewhere. 

The actress was found dead at age 36 inside the residence in August 1962. A coroner’s toxicology report officially listed her cause of death as acute barbiturate poisoning, as she reportedly ingested a lethal amount of Nembutal, which is often used to treat anxiety, and a sedative called chloral hydrate. Her death was ruled an overdose and “probable suicide.” 

In the years since, the current owners say the property has had 14 different owners, undergone numerous remodels and was issued more than two-dozen building permits from the city — all done without the consideration of a historical designation. 

The complaint argues that the designation has led to “the property turning into a tourist attraction,” citing traffic congestion on the dead-end street and trespassers leaping over property walls. The lawsuit specifically mentions a Nov. 7, 2025 incident in which “burglars scaled the wall” and  broke into the house allegedly searching for “memorabilia or other items.” 

Bank and Milstein are suing the city and Bass citing one count of violating the Fifth Amendment’s Taking Clause and one count of violating the Fifth Amendment’s Just-Compensation Clause.

The couple is asking for the court to order the city to reinstate their demolition and grading permits, or to compensate them for their 2023 investment into the property. 

Los Angeles mayor Karen Bass.

Arnold Turner/Getty for Los Angeles Urban League

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Attorneys for Bank and Milstein did not immediately respond to PEOPLE’s request for comment.

PEOPLE has reached out to the offices of the L.A. City Attorney and mayor Bass for comment.