Firefighter Continues Fight To Keep Treehouse In LI Backyard

BABYLON, NY - A firefighter is continuing his fight to keep a treehouse he built in the backyard of his Babylon home.

John Lepper, an New York City firefighter and father of two, returned to federal court in Central Islip for a hearing in front of Judge Joseph Bianco on Monday.

At the hearing, Lepper and the village came to an agreement: Lepper will have the treehouse inspected and surveyed before the next court date on Feb. 11, during which his two kids would not be allowed in the structure. In the meantime, the village agreed not to fine him.

Lepper built a treehouse back in May for his son's birthday. A week later, he received a letter from the Village of Babylon building Inspector which stated that he needed a permit for the treehouse.

He 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 according to a report in Newsday.

The code stated that "a building permit shall be required when an outdoor playground or gym (or any combination) exceeds a lot area of 90 square feet."

Lepper is claiming that the treehouse is under 90 square feet and has since been to court multiple times to try to fight the violations.

"I'm taking this as a direct attack on my family. I still can’t believe [the fight] is continuing," he said outside of court, according to the New York Post.

A village judge previously ruled the structure was a building but Lepper is appealing this decision in addition to filing a lawsuit claiming his first amendment rights were violated after he was punished by officials after a medical syringe was found his property, Newsday reports.

"Plaintiffs attempt to bolster their argument by claiming they are the focal point of the enforcement of the zoning code because they reported drug activity occurring in their neighborhood," the attorney representing the village Eric Tosca told Newsday. "However, plaintiffs offer nothing to substantiate any reasonable connection between their reporting of drug activity and the enforcement of a building code that on its face governs the erection of building structures meant to enforce safety standards."

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