Georgetown family sued over backyard swing set purchased for terminally ill child

GEORGETOWN, Texas - A Georgetown family is being sued over a backyard swing set they recently purchased for their terminally ill child. 

Like most three-year-olds Colton Costa loves running, jumping and kisses from his mother. His family is hoping he will soak this time in -- and purchased him a swing set this summer. 

“We’re trying to let him live his happiest best life right now, and just embracing how great he’s doing currently.” Colton’s mother, Kimberly Costa said. 

Colton has MPS 1 or Hurler syndrome. 

“Essentially his body doesn’t make a certain enzyme that we all need to break things down in the body,” Costa explained. 

Colton is expected to have serious orthopedic issues in the next few years -- and will eventually die from the syndrome. 

“It’s very hard to use that word because statistics say he shouldn’t live past his twenties and as a mom, that’s the hardest thing you can ever hear -- is that your child has a terminal illness but we’re trying to embrace the now," Costa said.

The family also believes the swing set acts as a sort of therapy, encouraging Colton to live an active life, helping stave-off expected orthopedic problems. 

“I feel like pretty soon you know, the surgeries will start happening… and it’s inevitable, but right now we’re embracing him and his happiness and how great he’s doing," Costa said.

Now, the family is worried they may have to take the swing set down. Their next-door neighbors are suing them, alleging the swing set can’t be properly screened per HOA guidelines. The Costas say they did get the swing set approved by the HOA. 

“That’s I think the toughest part about this, the thought of telling him we have to take it down -- I can’t even go there right now,” Costa said. 

FOX 7 Austin reached out to the lawyer representing the Costas' neighbors --  a husband and wife -- they had no comment but wanted to clarify that although the lawsuit mentions they are seeking $100,000 or less or non-monetary relief  -- that is simply a requirement by the state. They say they only want the swing set to be brought up to compliance or removed. 

Jason Costa, Colton’s father, is the treasurer of the HOA. One of the neighbors suing was also on the HOA but recently resigned. 

On Monday, other neighbors had covered the Costas' front yard with foam hearts with hand-written messages of support. 

“It’s pretty overwhelming the amount of love and support we’re being shown through all this, which I’m thankful for,” Costa said.