A civic association's attempt to evict foster children from Forest Lakes Estates violates fair housing laws and discriminates against families who care for needy kids, according to the Florida Attorney General's Office. 

As a result, the case against foster parents Steven and Corinna Gourlay should be dismissed, the Attorney General's Office said in a court filing Monday. 

It marks the latest twist in a highly publicized battle between the Forest Lakes Estates Civic Association and the Gourlays, accused of violating the neighborhood's deed restrictions by taking in foster kids. 

In a September lawsuit, the civic association states that the Gourlays, with their four children and five foster kids, do not meet the deed restrictions' definition of a "single family." The suit also contends that the Gourlays are running a business out of their home because the state reimburses them for the care of the children. 

The case has drawn national attention and has outraged scores of Forest Lakes residents who do not stand behind the civic association's suit. 

Calls to the Gourlays' lawyer and to the attorney representing the civic association were not returned Tuesday afternoon. 

The Gourlays have four biological children, in addition to the five foster children. The kids range in age from 3 to 14. They all live in a 1,700-square-foot home. The American Civil Liberties Union as well as several lawmakers and child advocacy groups have expressed support for the Gourlays. 

The association's suit is still pending. It asks a judge to rule on whether foster children violate the association's deed restrictions. 

The Attorney General's "friend of the court" brief says that the ruling need not take place. 

The civic association's claim that foster families are not "single families" is discriminatory and violates fair housing laws that protect adults having legal custody of children, according to the brief. The Gourlays are licensed foster parents who have legal custody of their five foster kids. 

"These (foster) children are, by definition, part of the Gourlay family," the brief states. What's more, the deed restrictions allow "guests" to live with homeowners, so the foster children are also covered under that provision, as well. 

The civic association's claim that the Gourlays are using the foster kids to run a business is also bogus, the Attorney General's brief states. State laws and policy make clear that foster parents are"surrogate families" who are "considered volunteers (who) will not be paid for their services," according to the brief. 

The attorney general's brief is not unexpected. In October, its civil rights division launched an investigation into the case and wrote in a letter to the civic association's lawyers: "We believe that the association's actions interfere with (the Gourlays) rights under the Fair Housing Act." 

Finally, the association's suit alleges that the whole mess has created a community nuisance, which also violates the neighborhood deed restrictions. 

That claim "appears to be retaliatory in nature," the attorney general's brief states.