It has been just over five years since a Long Island father decided to build a tree house for his children. This seemingly simple and straightforward act somehow led to a dispute with his village and to years of federal and state court litigation and appeals. Ultimately, however, the battle over this Long Island tree house also led to a definitive statement of law, namely, that government officials charged with enforcing clear zoning rules have the authority to do so.

Background

John Lepper and his wife owned a home and property in the Village of Babylon, on the south shore of Long Island. In April 2018, Lepper found a hypodermic needle where the couple’s young children played.