“This case is about a tree house.” Lepper v. Vill. of Babylon, 18CV7011JMAAYS, 2022 WL 939719, at *2 (E.D.N.Y. Mar. 29, 2022). In a recent federal case out of Long Island, NY, plaintiffs John and Noelle Lepper and their minor children brought an action against the Village of Babylon and several Village officials. The plaintiffs asserted a slew of constitutional claims related to a tree house that the plaintiffs constructed on their property. Their claims included, among others, First Amendment retaliation, violations of due process and equal protection, excessive fines in violation of the Eight Amendment, and conspiracy.
Mr. Lepper first began constructing a tree house in his yard after finding a hypodermic needle on the ground near where his children play. The plaintiffs did not apply for a building permit prior to construction, despite the fact that the Village required building permits for tree houses, playgrounds, and outdoor gyms with lot areas of over 90 square feet.