Lees v. Bay Area Air Pollution Control District

This is an appeal from a judgment denying a petition for a writ of mandate. Appellants sought to have the superior court declare Regulation 2 of respondent Bay Area Air Pollution Control District (hereafter referred to as the District) unconstitutional or to direct the District to grant them a variance from the regulation.

Appellants first contend that procedural errors, committed at trial and in proceedings before the District’s hearing board, require reversal of the judgment, and second that Regulation 2 of the District is unconstitutional because it confiscates their property without just…