The neighbors who filed a lawsuit against a family in the Austin area over the size of a playscape they built in their own backyard are dropping the suit, NBC's Austin affiliate KXAN reports.
When 3-year-old Colton Costa, who has a terminal disease, learned he could pick out which playscape his parents would buy, he chose the one with the most slides.
Colton's mother said the family is trying to live in the "now."
"To see him get to run around and play and be as mobile as he is right now when he can be, you better believe we want to see it. We want him to be active and enjoy his life," Kim Costa, of Georgetown, said.
Costa said the family got the playscape preapproved by the home owners association, but then their nextdoor neighbor filed a lawsuit, which claims it violates HOA restrictions.
The neighbor initially wanted the playscape taken down and sought legal fees.