The Delfinos (P) and Vealencis' (D) owned land as tenants in common. The property was 20.5 acres, and P owned 99/144 of the property with D owning 45/144. D occupied the dwelling and a portion of land from which she operates a rubbish and garbage removal business. P wanted a partition by sale because they wanted to develop and subdivide the property into 45 residential building lots. P also wanted the proceeds of the sale divided according to their respective interests. P claimed these lots would be hindered if D was allowed to run the garbage business on part of the property. D moved for a judgment in kind. The trial court concluded that a partition in kind could not be had without material injury to the respective rights of the parties. The trial court ordered a partition by sale and that the proceeds be paid into the court for distribution to the parties. D appealed, claiming that the court erred in ruling that a partition in kind was impossible.

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