Delta Materials Corp. v. Bagdon

In 1987, Delta Materials Corporation (Delta), which is in the gravel business, brought a petition under G. L. c. 241 to partition real property. The land involved, which is in Sunderland, consists of three noncontiguous undeveloped parcels that contain approximately one acre, thirty-seven acres, and 101 *440acres. Delta Materials Corp. v. Bagdon, 33 Mass. App. Ct. 333, 334 (1992) (Delta I). Delta owns a four-fifths undivided interest in those parcels as a tenant in common with the respondents, David, John, and Richard Bagdon (the Bagdons), who together own the remaining one-fifth interest.

What…