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Texas family being sued by neighbor over playscape for terminally-ill son

A Texas family is being sued by their neighbor for their playscape, citing it was not approved by their HOA.
(Photo: Kim Costa via TEGNA)

GEORGETOWN, Texas (KVUE) — A Georgetown family is facing a lawsuit over a playscape built on their property.

The lawsuit claims that their neighbors, Kim and Jason Costa, did not submit proper plans or specifications of the playscape to the Architecture Design Review Committee (ADRC) – who Estrella Subdivision HOA appoints to review "construction for improvements" – prior to its installation.

Kim Costa posted on her Facebook page about the lawsuit filed against her and her family, disputing that the HOA did approve for the playscape to be installed.

Kim and Jason's son, Colton, is diagnosed with Mucopolysaccharidosis Type I (MPS1), a rare disease in which the body is missing or does not have enough of an enzyme needed to break down long chains of sugar molecules, according to the family. As a result, the molecules build up in different parts of the body and cause various health problems.

KVUE received a copy of the lawsuit which the neighbors filed against the Costas.

The suit claims the playscape cannot be properly screened by the ADRC due to the fact that it was allegedly not reviewed before installation – and thus will remain in violation of ARDC guidelines as long as it is allowed to stay in its location.

The complainants filed multiple requests to Estrella HOA to enforce its Declaration of Covenants, Conditions, and Restrictions prior to suing the Costas, and Estrella HOA failed to so, the lawsuit reads.

The lawsuit concludes with a request for the playscape to either be permanently removed or to take necessary action to comply with the ADRC guidelines.

KVUE reached out to a lawyer representing the complainants, who had no comment on the lawsuit.