Delfino v Vealencis - DOC
Shared by: BrittanyGibbons
Delfino v. Vealencis, Supreme Ct. of CT (1980) Author: Bram Parties: PL's Angelo and William and DF Helen own a tenancy in common of real property in Bristol, CT. PL owns 99/144 interest in 20.5 acre parcel of land, while DF owns 45/144 interest. Cause of action/remedy sought: The following is a cause of action for partition of a tenancy in common into separate lots. PL's seek declaratory judgment of in-kind partition, which, under CT statute is a committee which is formed to decide whether a property should be dismantled and sold off or split up for the benefit of the tenants. Procedural History: Trial court concluded after a hearing concluded that a partition in kind could not be had w/o "material injury" to the respective rights of the parties, and ordered the property to be sold at an auction by a committee, thereafter to split the profits once they are entered into court. On appeal, DF claims the trial court improperly considered certain factors in arriving at their conclusion that partition by sale would be best. Upon further review, the judgment is set aside and case is remanded for further proceedings not inconsistent with this opinion. Facts: What are the essential facts? Issue(s): What is the issue (i.e., what question did the court have to answer in order to decide this case)? Holding: What conclusions did court reach (i.e., how did it answer the question posed above)? Court's Rationale/Reasoning: Why did they reach this conclusion and what are the possible effects of this decision? Rule: CT Statute Did court avoid issues?: did it sidestep any questions that it initially appeared that it would have to answer? Dicta: did the court make any statements about the law beyond what was needed to solve this case? Dissents: What was the logic? Concurrences: What was the logic?