Blumenfeld

Appellants Blumenfeld, et al., doing business as Bayview Properties, were first contacted by respondent, San Francisco Bay Conservation and Development Commission (hereinafter respondent or BCDC) by letter under date of October 7, 1969, with reference to reports that appellants had been engaged in filling of areas subject to tidal action from Richardson Bay. An application by appellants to fill and improve certain marsh properties in the vicinity of Richardson Bay was submitted to respondent on May 11, 1970. A petition in support of this application was submitted on August 30, 1971; the petition essentially asserted that respondent was without jurisdiction over the subject property or, in the alternative, that respondent should grant permission for appellants’ requested activities. Respondent, by letter of July 13, 1972, informed appellants of its denial of their application after having found that appellants’ project was within the jurisdiction of BCDC.

On October 2, 1972, appellants filed a petition for writ of review, or mandamus, or injunction in the San Francisco Superior Court. Respondent filed its demurrer and answer thereto, to which appellants filed a reply…