SAN ANTONIO -- Property owner Henry Zumwalt filed a lawsuit against the Texas Commission of Environmental Quality, who hired a contracting company to extinguish a more than two-week mulch fire in Helotes.

Zumwalt's attorney Michael Black said a court ordered Oil Mop, the contracting company, to refrain from using chemicals to put out the fire and allow Zumwalt access to his property.

Black tried to file a temporary restraining order against Oil Mop, but a judge denied that request.

Black said the owner should not be blamed for the mulch fire that many residents have complained about.

"(Zumwalt) should not be the one to blame," Black said. A third party came in and started this fire and Mr. Zumwalt has spent tens of thousand of dollars to correct it."

Black said Zumwalt wants to continue to protect the community from the effects of the fire.