Father Allowed To Build Treehouse Without Permit Under Court Rule

BABYLON, NY - After over a year of battling in court, it was finally ruled that a Babylon firefighter and father of two can build a treehouse for his kids without a permit.

The fight began in May 2018 after John Lepper decided to build the treehouse for his son's birthday. A week later, he received a letter from the Village of Babylon building Inspector which stating that he needed a permit for the treehouse.

Lepper says he applied for the permit after receiving the letter but since then has still received multiple building code violations for the structure. As a result he was charged with $475 worth of fines, which he paid after a village court ruling.

The code states that "a building permit shall be required when an outdoor playground or gym (or any combination) exceeds a lot area of 90 square feet," however Lepper claimed the treehouse was smaller than 90 square feet, and therefore does not fall under the requirements for the specific building permit.

The case went to village court, where a judge ruled the structure would require a permit, but Lepper appeal the decision in addition to filing a lawsuit claiming his first amendment rights were violated.

Last January, Lepper and village officials then took the case to federal court in Central Islip for a hearing in front of Judge Joseph Bianco. At the hearing, Lepper and the village came to an agreement: Lepper will have the treehouse inspected and surveyed before the next court date, during which his two kids would not be allowed in the structure. In the meantime, the village agreed not to fine him.

Then this week the Appellate Division of the State Supreme Court ruled that Lepper did not violate village code stating that the village did not established that the treehouse could be considered a building falling under the requirements of a permit, Newsday reports.

Read the full report at Newsday.com.