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Delfino v. Vealencis

Supreme Court of Connecticut

436 A.2d 27 (1980)

Facts

The Delfinos (plaintiffs) and Vealencis (defendant) owned a plot of land as tenants in common. The Delfinos owned an undivided 99/144 interest and Vealencis owned an undivided 45/144 interest. The Delfinos did not have actual possession of the property. Vealencis lived on a portion of the land and from there operated a trash removal business, although no trash was actually stored on the premises. The Delfinos brought an action asking the court to order a partition by sale, with the proceeds being distributed to the parties according to each party’s interest in the land. Vealencis moved for a partition in kind. The trial court, after a hearing, held that a partition in kind was not practical and would result in “material injury” to the parties, and that it would be more equitable to order the partition by sale. Vealencis appealed.

Rule of Law

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Issue

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Holding and Reasoning (Healey, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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