As reported by KPRC News, the family also sought permission to construct a privacy fence, but unfortunately, their request was denied by the Homeowners Association (HOA), which only allows wrought iron fences.
A neighbor, considering the playscape an eyesore, has taken legal action against the family, seeking $100,000 in damages, claiming it has negatively impacted their property values.
It’s worth noting that this neighbor is well aware of Colton’s tragic situation, and this isn’t their first instance of suing neighbors. Kim Costa expressed her frustration on Facebook, sharing the absurdity of the situation and seeking support. She stated, “They’re suing for ‘damages.’ $100,000 in damages, so I come to you all asking for prayers.”
Despite having pre-approval from the HOA for the playscape, the neighbor insists that the family should have sought their permission as well. The family’s one-acre lot, one would think, should offer plenty of space for personal choices. However, it seems that adhering to HOA guidelines may not be sufficient.
Update: Kim Costa later shared on Facebook that the lawsuit has been dismissed, expressing gratitude for the support and prayers received. She wrote, “The lawsuit has officially been DISMISSED! (For now anyway!) Thank you all so much for your prayers and support!… Who has ever heard of being SUED over a playscape?”
