A loyal Swamplot tipster alerts us to a copy of a letter that appeared on a neighborhood email list late last week. The letter is signed by Mark Thuesen, president of the condominium association at the 2520 Robinhood at Kirby condos. Loyal Swamplot readers, of course, will recognize that name — Thuesen is one of 3 condo residents named in a lawsuit by the owners of Hans’ Bier Haus, the little outdoorish bar that’s next door to the 16-story Rice Village residential tower. The lawsuit claims that Theusen and 2 others attacked patrons at the bar several times, throwing beer cans, bottles, and eggs at them from above, as well as spraying performing musicians with water.
Unsurprisingly, Thuesen does not specifically mention those allegations in his letter, which we presume is meant for fellow condo residents. But he is kind enough to include a copy of the temporary injunction handed down by Judge Patricia Hancock last week, which specifically prohibits Theusen [sic], 2 codefendants, and all residents of 2520 Robinhood from “throwing any sort of object whatsoever” or “intentionally running or pouring water or any other liquid upon” Hans’ Bier Haus.
Thuesen does, however, draw attention to the now-famous incident on December 13th of last year, in which Hans’ Bier Haus co-owner Bill Cave stormed into the condo lobby and dragged the concierge by his tie into an elevator — on a quest to turn off the water that was spraying onto bar patrons and musicians from a hose connected to the patio of an upper-story condo resident:
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We have video surveillance documenting the assault as well as Mr. Cave has admitted his guilt under oath in court. We expect the district attorney to pursue time in jail for Mr. Cave’s crime spree.
In an attempt to intimidate the victim and homeowners of 2520 Robinhood, Mr. Cave and his attorney business partner William Paul Kellogg raced to the court house on New Year’s Eve to file a civil suit against 2520 Robinhood for “assaultâ€. In addition, Mr. Cave and Mr. Kellogg filed a temporary restraining order against 2520 Robinhood as a publicity stunt.
Thuesen goes on to complain that Cave and Hans’ Bier Haus co-owner William Kellogg are seeking monetary damages in court for loss of business to their bar, without mentioning what Thuesen considers a more obvious cause: street construction on Quenby and Kirby.
At the end of the 4th paragraph, Thuesen finally reveals why he is writing the letter:
2520 Robinhood residents and homeowners have been order by the court not to trespass on the property of Hans Bier Haus.
The temporary injunction, which he includes, (along with a handy photo of Cave and Kellogg) requires him to inform the residents of this. But the injunction also prohibits Hans Bier Haus’ agents and employees from trespassing on or “interfering with the peaceable use and enjoyment of” 2520 Robinhood. So Thuesen ends with his most important message:
If you feel that Mr. Cave or Mr. Kellog have violated this temporary injunction in any way, by either trespass or violating the city noise ordinance or other peaceable use of your property, please contact the police immediately and bring it to the attention of the Board.
Here’s the full text of the letter:
Everyone,
As you are probably aware, one of the owners of Hans Bier Haus, Mr. William “Bill†Howard Cave, Jr., assaulted our concierge on December 13, 2009. We have video surveillance documenting the assault as well as Mr. Cave has admitted his guilt under oath in court. We expect the district attorney to pursue time in jail for Mr. Cave’s crime spree.
In an attempt to intimidate the victim and homeowners of 2520 Robinhood, Mr. Cave and his attorney business partner William Paul Kellogg raced to the court house on New Year’s Eve to file a civil suit against 2520 Robinhood for “assaultâ€. In addition, Mr. Cave and Mr. Kellogg filed a temporary restraining order against 2520 Robinhood as a publicity stunt. Although no incident had occurred since the December 13, 2009 assault committed by Mr. Cave, after 18 days of no activity by either parties, Mr. Cave and Mr. Kellogg stated that the temporary restraining order was needed to prevent “imminent†and “irreparable†harm to their bar. Without the named Defendants present, the judge signed the temporary restraining order believing the perjured testimony submitted by Mr. Cave and Mr. Kellogg to be true.
In addition, Mr. Cave and Mr. Kellogg are seeking damages for loss of business to their bar. Even though Mr. Cave and Mr. Kellogg make numerous claims and false accusations, they fail to make any mention of the construction on Quenby Street and Kirby Street. When you own a business and the only two streets to your business are closed for construction, your business will decline substantially. A bartender at Hans Bier Haus has stated that their business has declined over 50% since September 2009, when the construction began on Quenby Street. Mr. Cave and Mr. Kellogg expect 2520 Robinhood to pay for this decline in business by falsely claiming seven years of harassment as the reason for the sudden drop in business beginning in September 2009.
2520 Robinhood will vigorously fight this frivolous lawsuit and the numerous false claims made by Mr. Cave and Mr. Kellogg. In the interim, 2520 Robinhood residents and homeowners have been order by the court not to trespass on the property of Hans Bier Haus.
Likewise, Mr. Cave and Mr. Kellogg have been ordered not to trespass on the property of 2520 Robinhood, nor are Mr. Cave and Mr. Kellogg allowed to interfere with 2520 Robinhood’s peaceable use and enjoyment of the premises of 2520 Robinhood at Kirby Condominiums.
If you feel that Mr. Cave or Mr. Kellog have violated this temporary injunction in any way, by either trespass or violating the city noise ordinance or other peaceable use of your property, please contact the police immediately and bring it to the attention of the Board.
A copy of the temporary injunction is attached for your review as well as a photograph of Mr. Cave and Mr. Kellogg.
Sincerely,
Mark Thuesen
President
2520 Robinhood at Kirby Condominium Association, Inc.
- Previously on Swamplot: Spilling It to the Judge: 2520 Robinhood and Hans’ Bier Haus Get Their Day in Court, 2520 Robinhood Vs. the Merry Men of Hans’ Bier Haus: It’s Come to This, 2520 Robinhood Torments the Beer Drinkers Next Door
Photo of 2520 Robinhood at Kirby: HAR
This will fun to keep following.
Mr. Thuesen better hope the homeowners don’t get the impression that they are free to harass the other party or assault the patrons of the other party which obviously they have in the past. The tone of his letter seems to indicate that they are free to do so. And that of course is a major problem for the homeowners at some point.
But then they suffer from Southampton Syndrome and believe they can do whatever they want because the law doesn’t apply to them.
Let’s hope they don’t take a dislike to the Montessori school on the other side of the building. Kids making too much noise and all.
Good luck trying to sell any of those units. I am a Realtor and sent listing information to a client they said, “Hell NO, We are not walking into a war zone for any price!”
Ya’ll need to kiss make up and stop being children
The state of inner-loop Houston today. Folks move in next to an established business and then complain about said business. Sad – Too much money and not enough common sense!
a temporary injuction is significant. it means the court thinks the plaintiff has a likely chance of success on the merits. big loss for the condo association.
the condo association also needs to get better lawyers–it should not have sent this letter. saying someone perjured themselves is slander/libel if it’s not true. i can see an amended petition in the near future.
This is comical. I’d like to see them move to New York City of Chicago and try to quiet the noise there. Houston wants to have a downtown lifestyle with highrises and condos but doesn’t want the aggrevation of what comes with amongst the shops and restaurants. Moving in next to a bar and then complaining that the bar exists defies all logic. I, for one, will become a patron of the Bier Haus just to spite the residents of 2520 Robinhood.
No mention of the perils of alcoholism?
This makes me want to go to the bar. Swamplot Happy Hour?
I am a Realtor and sent listing information to a client they said, “Hell NO, We are not walking into a war zone for any price!â€
_______________________
I’d be more concerned with Robert Durst although I suppose sellers aren’t required to disclose that kind of matter in the seller disclosure. But probably should.
All things considered, Robert Durst among them, 2520 Robinhood is a good reason for everyone to hire a PI as well as an inspector when buying.
I would be happy to live that close to such a cool bar.
It’s a fun bar. Filled with fun people. Not a bunch of drunks as some have implied.
I haven’t been to the bar, but all I hear is complements of the establishment.
I’m with doofus (not the first time I’ve uttered those words). Swamplot Happy Hour!!!
These Hans/Robinhood posts just aren’t as fun without the rants from the residents in the comments section.
@Cd
I know, I keep coming back when I see new comments, just to see the drama un-fold, alas, I am denied. Back to “real” news I guess.
I say put both places on the Daily Demolition list and be done with it.
It’s a great little bar, but I liked it better when all the bras were behind the bar…
The condo defendants are happy to claim they have a video of cave attacking someone to cut off the water.
I wonder if they will be so happy to hand over the same video that shows their residents soaking patrons of Hans Bier Haus?
Did I hear someone say class-action lawsuit?
As one of the soaked patrons myself, Im definitely interested in filing claims against Robinhood Condos as soon as Hans Bier Haus is finished with them.
From CyberSecurity:
The condo defendants are happy to claim they have a video of cave attacking someone to cut off the water.
I wonder if they will be so happy to hand over the same video that shows their residents soaking patrons of Hans Bier Haus?
Did I hear someone say class-action lawsuit?
As one of the soaked patrons myself, Im definitely interested in filing claims against Robinhood Condos as soon as Hans Bier Haus is finished with them.
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Get in line. You are not the only one. lol (they claim to be worth $815 million! $$woohoo$$!)
This and the lawsuit against the city over 1717 Bissonnet should prove interesting. Both may end up being “settled” and dismissed by the defendants as a “nuisance suit” which isn’t too far from the truth. They, the defendants, are the nuisance. The Stop Ashby Vigilantes haven’t been named in the suit so far. But should be. And they and the homeowners at 2520 Robinhood should actually be charged with “public obnoxiousness.”
I know Mark Theusen, and I know he is only looking out for the best interests of those living at the condo. And he is also a sexy bitch! LOL Hey, Mark, you dork. I trust you are doing well these days.
2520 Robinhood is not a luxury condo. Why are they acting as if they are at The Huntingdon or 2727?