Neighbors sue over terminally ill boy’s playscape

Texas family says they secured HOA's approval before constructing slide-and-swing set for their terminally ill 3-year-old now at the center of a neighborhood lawsuit.

Neighbors of a 3-year-old boy are filing a lawsuit over a backyard playscape which was pre-approved by HOA before being installed.

When Colton Costa, 3, learned he could pick out which playscape his parents would buy for their Georgetown, Texas yard, he went for the largest one with the most slides.

“We’re trying to live in the now because the future is very scary with this kind of diagnosis,” says Colton’s mother, Kim Costa.

Colton was born with Hurler’s Syndrome- a genetic disorder in cells, tissue and organs. His condition is incurable.

“To see him get to run around and play and be as mobile as he is right now when he can be, you better believe we want to see it. We want him to be active and enjoy his life,” Costa said.

Their next-door neighbors, Richard and Carole Gottleib, filed a lawsuit claiming the playscape cannot be properly be screened from view.

The Gottleibs say the 14 feet high playscape violates HOA restrictions. They want the playscape taken down and legal fees.

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