Swing set for terminally ill child leads to lawsuit 

Like many three-year-old boys, Colton Costa enjoys running, jumping and getting kisses from his mother.

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

Colton suffers from 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 within the next few years and will eventually die from the syndrome.

“Statistics say that he shouldn’t live past his twenties and as his mom that’s, I mean, it’s the hardest thing you can ever hear is that your child as a terminal illness, but we’re trying to embrace the now, "Costa said.

The Costa’s purchased a swing set last summer to take advantage of the good times and make as many memories as they can.

They hoped the swing set would also help Colton live an active life, staving off orthopedic problems. 

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

But, the family is worried they may have to take down the swing set.

Their next-door neighbors are suing them, saying the swing set can’t properly be screened per HOA guidelines.

However, the neighbor's attorney said they recently filed a motion of nonsuit to dismiss the case, which should be signed in the next few days.