A Babylon father returned to court Tuesday to fight for a backyard treehouse he built for his kids.

It was the fourth time John Lepper was back before a Babylon Village judge after he was charged with violating village code for failing to get a permit before building the treehouse in his backyard.

Lepper says the treehouse is under 90 square feet and, according to the Village's own code, a building permit is only needed for structures 90 square feet and larger.

The father of two appealed a judge’s decision that he was in violation. It was denied.

Lepper's attorney also asked the judge if he could keep the village from issuing further violations while they were in litigation. The judge said no.

Lepper says he built the treehouse after finding needles in the bushes in his yard. He also says that he was issued two violations in front of his children while they were trick-or-treating.

The Babylon man says he plans to continue to fight.