A Babylon Village homeowner entangled with village officers in excess of the legality of a treehouse he begun developing in late spring 2018 has submitted a second federal lawsuit against them.
In accordance to court docket files submitted Jan. 4 in Central Islip in U.S. District Courtroom for the Jap District of New York, John Lepper said that as a final result of the village’s actions he had “emotional scarring and suffering, and incurred considerable cost and expenses owing to the [village’s] actions.”
The fit seeks $3 million in damages.
“I want this solved and place powering me,” reported Lepper, who at the time constructed the treehouse for his son Bayden’s sixth birthday. “This has been a nightmare for me and my family for more than two many years.”
Lepper argued that he did not want a setting up allow for the 86-sq.-foot treehouse, which officials reported he did because of its size. A village choose dominated from Lepper in October 2018 and he paid a good of $475. He appealed the decision, contending the framework is authorized, and the selection was overturned in December 2019 centered on a technical defect in the way the summons was prepared.
Lepper, an FDNY firefighter, said in courtroom files that village officers “conspired” to send a letter to FDNY Commissioner Daniel Nigro to complain he wore his FDNY dress uniform to “gain distinctive favoritism” in village court.
The 2nd lawsuit lists as defendants the estate of previous Mayor Ralph Scordino, who died in Oct, his successor, Mary Adams, outgoing village attorney Gerard Glass and other present-day and previous village officers. Adams, Glass and the lawyer symbolizing the village in the lawsuit, Eric Tosca of Mineola, did not reply to numerous requests for comment.
Lepper’s legal professional, Cory Morris of Melville, mentioned the village is heading right after his client’s career.
“This is the persecution of John Lepper and that is the explanation why this go well with was filed,” Morris said.
Lepper, in accordance to the lawsuit, mentioned there are other “treehouse/unpermitted constructions” near to the drinking water in the village that officers should really seem at in comparison to what he has.
The initial federal lawsuit, which is ongoing and also seeks damages, was submitted in December 2018 by Lepper and his wife, Noelle. In the suit, the two allege officials at the time had been “punishing” John Lepper and pursuing “private animosity in violation of [his] civil and constitutional legal rights.”
The two sides agreed that even though the circumstance continues to be in federal court docket, no work will be finished to the treehouse and no fines will be issued.