Bayside Fish Flour Co. v. Zellerbach

STURTEVANT, J.

This is an application for a writ of mandate directing the defendant board to issue to the petitioner a revocable permit to take and use ten thousand tons of sardines to manufacture an edible fish flour. The petitioner alleges that it is a corporation having its principal place of business in San Francisco; that it owns and operates a “ ... manufacturing plant located in the city and county of Monterey, State of California . . . ”; that it has been operating continuously since the year 1924 under and by virtue of a permit issued by respondents on the twenty-second day of August, 1925; and pleads

in haec verba

said permit; that on the eighth day of July, 1929,.the petitioner applied for a

revocable

permit, and pleads

in haec verba

said application; that a hearing on said application was had on the twenty-ninth day of July, 1929; that on the fifth day of August, 1929, the defendant board entered in its minutes an order directing the issuance of a

revocable

permit for the season of 1928-29; that on the fifteenth day of August, 1929, the defendant board caused a letter to be sent to the petitioner advising the petitioner of its action and authorizing petitioner to proceed until the permit was actually issued; that thereafter from August 15, 1929, to February 14, 1930, the petitioner operated its manufacturing plant; that petitioner's plant has a capacity to handle ten thousand tons of sardines during each season, that is, from August 1st of one year until February 15th of the following year; and then in paragraph VI it is alleged “That petitioner is entitled under the law to have the Fish and Game Commission of the Department and Natural Resources of the State of California issue to petitioner a

revocable

permit, but which said commission refused to do although demand therefor has been made upon it and after

[709]

this petitioner has complied with all conditions precedent requisite to have said