Did Mayor Seren Trespass on Judge Matia’s Property? A Legal Look at a Cleveland Heights Dispute

Fun legal analysis time: Did Cleveland Heights Mayor Kahlil Seren commit civil or criminal trespass against Cuyahoga County Judge David Matia?

Since N.P. Weiss Law moved from Cleveland Heights to South Euclid last year, we haven’t had to pay as much attention to the internal happenings of Cleveland Heights and the ongoing drama with mayor, Kahlil Seren. Certain matters, like a county judge having the mayor trespassed off his property, are harder to ignore.

According to cleveland.com, Judge David Matia allegedly drove past Mayor Seren’s home and shouted at the mayor’s wife to fix her house, specifically yelling about their peeling paint. In response, Mayor Seren reportedly went to Matia’s home to confront him. Seren claims Matia insulted him, calling him a “sh---y mayor and a sh---y human being,” and complained about uncollected lawn bags. Matia allegedly replied, “I know there’s a lot of lead paint peeling on your house and maybe that’s affecting your ability to comprehend when I ask you to leave my property, but just go paint your house, buddy. Leave me alone.”

The story differs afterwards. Seren says he noticed a piece of mail had fallen from Matia’s mailbox and returned to hand it back. Matia claims Seren came back uninvited. Matia called the police, who spoke with both parties and warned Seren not to return. No charges or citations were issued.

So, did Mayor Seren trespass?

Matia claims that Seren trespassed. But did he? Let’s look at Cleveland Heights Codified Ordinance 541.05, which defines criminal trespass.

(a)   No person, without privilege to do so, shall do any of the following: 

      (1)   Knowingly enter or remain on the land or premises of another; 

      (2)   Knowingly enter or remain on the land or premises of another, the use of which is lawfully restricted to certain persons, purposes, modes or hours, when the offender knows the offender is in violation of any such restriction or is reckless in that regard; 

      (3)   Recklessly enter or remain on the land or premises of another, as to which notice against unauthorized access or presence is given by actual communication to the offender, or in a manner prescribed by law, or by posting in a manner reasonably calculated to come to the attention of potential intruders, or by fencing or other enclosure manifestly designed to restrict access; 

      (4)   Being on the land or premises of another, negligently fail or refuse to leave upon being notified by signage posted in a conspicuous place or otherwise being notified to do so by the owner or occupant, or the agent or servant of either.

In summary, the law prohibits knowingly or recklessly entering or staying on someone else’s property without permission—especially after being told to leave. If Seren was asked to leave and then returned, even with good intentions, that could meet the standard for criminal trespass under subsections (a)(3) or (a)(4).

But we’re civil litigators, not prosecutors. So the more relevant question is: Could Judge Matia sue Seren for civil trespass?

Civil trespass is an unauthorized, intentional entry onto someone else’s property that interferes with their right to exclusive possession. Even if there’s no damage, the property owner can still sue and receive nominal damages—usually a symbolic dollar. To get punitive damages, though, they’d need to prove actual harm. Based on what’s been reported, that seems unlikely.

So, yes—there’s a case to be made for both civil and criminal trespass here. But realistically, it’s unlikely to go anywhere meaningful. Perhaps more importantly, this seems like the kind of neighborhood dispute that an elected judge and an elected mayor could have resolved their privately and professionally, without having to scream about lead paint.

This blog was drafted by Nicholas Weiss, the owner and founder of N.P. Weiss Law. For more information about Nick, visit his bio page.

If you’re dealing with a property or neighbor dispute that’s starting to feel legally messy, we’re here to help. Contact N.P. Weiss Law to learn how we can assist with local legal matters.

This article is meant to be utilized as a general guideline. Nothing in this blog is intended to create an attorney-client relationship or to provide legal advice on which you should rely without talking to your own retained attorney first.  If you have questions about your particular legal situation, you should contact a legal professional.