Lees

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 compensation and also creates an unreasonable and arbitrary classification. We do find some procedural errors in the record, but they are trivial and inconsequential in nature, and wholly insufficient to upset the judgment. There is no merit in appellants’ major contention concerning the constitutionality of the District’s regulation, and we therefore affirm the judgment.

The District is organized pursuant to legislation enacted in 1955 and found in Health and Safety Code Division XX, chapter 2.5. The District board is authorized to adopt rules and regulations to control the release of air…