Oakley Valley Stone, Inc. v. Alastra

ON DENIAL OF PETITION FOR REHEARING

This opinion supersedes our prior opinion issued December 31, 1984, which is hereby withdrawn.

WALTERS, Chief Judge.

This is a quiet title action brought by Oakley Valley Stone, Inc. (Oakley) against the record owners of real property, James Alastra, Luis Alastra, Ynes Maria Kelly, Marie Kelly Howze, Irene Kelly and James P. Kelly, Jr. (hereinafter collectively referred to as the Alastras). The trial court quieted title to the property in the Alastras but granted to Oakley, on a profit a prendre theory, a right to continue mining quartzite rock from the…