Memorial business owner accused of smear campaign, trespassing

A Cypress-area commercial property company is suing after, it says, a Memorial business owner attempted to sully its good name over a cement wall.

Roalty Properties, of Cypress, and Michael Roa filed a lawsuit on Jan. 26 in Harris County District Court against George Edward Birnbaum, doing business as The Fireplace Man in Memorial, citing trespass, private nuisance and defamation.

The suit alleges in 2011, Birnbaum had a cement wall built, without a permit, between his business, located at 5818 S.W. Freeway, and Roalty’s property. According to the brief, the wall has created a hazard for drivers and has encroached on Roalty’s property.

The plaintiffs say when they complained about Birnbaum’s wall, he embarked on a smear campaign, spreading rumors that Roa ran a brothel and was involved in other illegal activity.
 
The plaintiffs are seeking injunctive relief, as well as damages, attorney’s fees and court costs. They are being represented in the case by Cypress attorney Hank Schwaeble.

Harris County District Court Case No. 2012-05398.

This is a report on a civil lawsuit filed at the Harris County Courthouse. The details in this report come from an original complaint filed by a plaintiff. Please note, a complaint represents an accusation by a private individual, not the government. It is not an indication of guilt, and it only represents one side of the story.