Jacque v. Steenberg Homes, Inc.

Facts

The plaintiffs, Lois and Harvey Jacque, were an elderly couple, retired from farming, who owned roughly 170 acres near Wilke’s Lake in the town of Schleswig, Wisconsin. The defendant, Steenberg Homes, Inc., was in the business of selling mobile homes. In the fall of 1993, a neighbor of the Jacques purchased a mobile home from Steenberg. Steenberg determined that the easiest route to deliver the mobile home was across the Jacques’ land because the only alternative was a private road that was covered in up to seven feet of snow and contained a sharp curve. Use of the private road would have required that several sets of “rollers” be used to maneuver the home around the curve. Steenberg asked the Jacques on several occasions whether it could move the home across the Jacques’ land, but they refused each time. The Jacques were sensitive about allowing others on their land because they had lost property valued at over $10,000 to other neighbors in an adverse possession action a decade prior to this case.

On the morning of the delivery, Mr. Jacque noticed the mobile home parked on the corner of the street adjacent to his property. He decided to find out where the movers planned to take the home, and the movers, who were Steenberg employees, showed Mr. Jacque the planned route that cut across his land. Mr. Jacque informed them it was his land they were planning to cut across, and that they did not have permission. The movers called the assistant manager who came to the Jacques home, and the Jacques called some of their neighbors and the town chairman, who all came immediately. Once everyone was present, the Jacques showed the assistant manager a map demonstrating the path they planned to take went across their land, and again indicated that Steenberg—did not have permission to cut across their land. The assistant manager then inquired how much money it would take to get permission, to which Mr. Jacque responded it was not a question of money, and that he did not want Steenberg to cross their land.

One of the Steenberg employees testified that upon coming out of the Jacques home the assistant manager stated “I don’t give a ____ what he said, just get the home in there any way you can.” The Steenberg employees then blocked the road with the company truck blocking anyone from seeing the route they took. They used a bobcat to cut a path across the Jacques’ snow-covered field and hauled the mobile home across their land. The neighbor informed the Jacques that Steenberg had cut across their land, and Mr. Jacque then called the Sheriffs department, after interviewing the parties an officer issued a $30 citation to the Steenberg manager. The Jacques then filed suit.