Younger v. Smith

Petitioner applied to the Building and Safety Department of the City of Huntington Beach for a permit to do electrical work in a housing tract "with the understanding that. .. aluminum non-metallic sheathed cable, be accepted for installation... ." The director of building and safety (building director) denied the application citing his prior administrative order prohibiting the use of aluminum electrical conductors AWG sizes 6 and smaller in single family and duplex dwellings. Following unsuccessful appeals to the board of appeals and to the city council, petitioner sought a writ of mandate in the court below to compel issuance of the permit, alleging its application complied with all applicable statutes, ordinances and regulations and that the building directors administrative order was invalid. Respondents answered denying that petitioners application complied with legal requirements for the issuance of a permit.