A five-year legal battle over a treehouse in Babylon is over.

A federal appeals court ruled the village did not discriminate against the man who built it when they asked him to take it down.

The village fined John Leeper for refusing to get rid of the treehouse three years ago, citing code violations.

Leeper won an earlier appeal to keep it for his children in his backyard.

Leeper also later sued Babylon Village for selective code enforcement.

Babylon Mayor Mary Adams tells News 12 the latest ruling means the treehouse must finally come down.