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Neighbors Sue Family Over Terminally Ill Son's Playscape in Backyard

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There are things good neighbors make sure they do.

They watch out for one another.

They make sure they (and their tenants) aren’t creating too much noise too late at night.

They keep their property tidy.

And they certainly don’t try to sue you over a playground in your own large backyard that’s been specially made for your terminally ill son.

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But Kim and Jason Costa aren’t on great terms with the people next door, and that’s exactly what is happening between the Georgetown, Texas, neighbors.

Kim has taken to Facebook with her story, and it’s almost too ridiculous to believe.



“A playscape. Who has ever heard of being SUED over a playscape?” she wrote on Saturday.

Do you think the next-door neighbors are in the wrong here?

“Well friends, it’s true. We officially got served this morning with a lawsuit brought on by our next door neighbors. They don’t ‘like’ our playscape. They claim it brings down their property value. They call it an eyesore and have told us multiple times it goes against our HOA.”

“A little bit of background: We are NOT the first neighbor he has sued. We live on a 1 acre lot. We tried to get a privacy fence several times and it got denied. (Wrought iron fences only).”

In an interview with KVUE, the mom went on to describe how the playset is on their own property, and her husband got it approved by the homeowners association beforehand.

“My husband submitted documentation of how big it was, exactly where it was going to go on our lot, and the [Architecture Design Review Committee] approved it,” she said.



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She said on Facebook that throughout the entire process, the neighbors told the Costas they didn’t like the playscape and claimed the Costas should have checked with them first to see how they felt about adding the structure.

Kim said that the worst part is that the neighbors know that her son, Colton, is terminally ill.

“They know Colton’s story,” she wrote. “They know what our family has been through. They know he had a bone marrow transplant and has a terminal illness.”

Colton has Mucopolysaccharidosis Type I, also known as Hurler Syndrome.

“Hurler affects every organ system, every part of the body,” Kim told KVUE. “So he does have hearing loss and he got his glasses, I think, when he was about 18 months old.”

Kim said he’s not expected to live past his 20s, which is why his parents are so eager to give him the best life they can. She wrote that the neighbors are trying to sue them, and while a court date has not been set yet, it’s surprising to the Costas that things even got to this point.

“They’re suing for ‘damages,'” she wrote, adding, “$100,000 in damages.”



It seems strange that people could be so callous, and perhaps there’s more to the story than we know, but if there is, it seems questionable that even the most enlightening details could justify the measures taken in this case.

A lawyer for the neighbors would not comment on the case to KVUE.

“So I come to you all asking for prayers,” Kim concluded in her post. “Prayers for guidance during this time trying to navigate a lawsuit like this. Prayers for our neighbors to soften their hearts and realize how much stress this is putting on my family. And prayers we find a resolution to this situation.”

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