A Los Angeles couple who own the property where star Marilyn Monroe spent her final days are suing the city, claiming they are being prevented from demolishing the home so the city can turn it into a historic landmark.

On Monday, Brinah Milstein and her husband Roy Bank, filed a lawsuit in Los Angeles Superior Court accusing the city of “unlawful and unconstitutional conduct” after it was told it could not demolish the Brentwood, Calif., home once owned by Monroe as it is in the process of being declared a historic landmark.

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According to the lawsuit, the owners were granted a demolition permit shortly after purchasing the property in July 2023. The couple bought the property for about $8.5 million and planned to tear down the house to expand the mansion next door, which they also own.

“All these backward machinations were in the name of preserving a house which in no way meets any of the criteria for a “Historical-Cultural Monument”, the lawsuit states. “For 60 years with 14 owners and numerous remodeling and building permits issued by the city, the city has taken no action regarding the home's supposed 'historic' or 'cultural' status.”

The Helena Drive property was the site of Monroe's death at age 36 in 1962. She had lived in the home for six months before her death.

“There is not one part of the house that includes any physical evidence that Mrs. Monroe ever spent a day in the house, not a piece of furniture, not a piece of paint, not a rug, nothing. the lawsuit says.

In September 2023, the Los Angeles City Council stopped demolition and the process of declaring the property a historic landmark began, much to the excitement of history buffs and Monroe fans.

The request to make the property a landmark received approval earlier this year from the city council's Cultural Heritage Commission and Land Use Planning and Management Committee.

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The suit alleges the city council has caused “irreparable harm” to the couple, including $30,000 in costs associated with the demolition and stripping them of “their rights as real estate owners.”

The final decision on which property receives Historic Landmark certification will be made in mid-June after the application goes to the full city council.