Tush

Appellant sought a writ of mandate in the superior court of Ventura County to compel the board of supervisors to annul a use permit granted by the county’s board of zoning adjustment. The permit authorized respond ent Jade Oil & Gas Company (hereafter “Jade Oil”) to engage in the exploration for, and production of,. oil and gas under its mineral rights lease on land the surface ownership of which was vested in appellant. The latter purchased the land from the predecessor in interest of respondents Hammond, the owners of the mineral rights and through whom Jade Oil derives its interest. The mineral rights include the right to use the surface for discovering, recovering and removing oil.

Following a hearing, the permit was issued subject to numerous conditions controlling Jade Oil’s activities. Pursuant to local ordinance provisions, appellant filed an appeal with the board of supervisors. A hearing was held and the board denied the appeal but imposed additional conditions. Appellant then brought this action for a writ of mandate. The matter was tried and the court below entered judgment denying the writ. This is an appeal from that judgment.

The board of supervisors failed to…