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State Statutes - Idaho - Title 21 - Chapter 5 - 21-506
Idaho Statutes
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21-506 - JUDICIAL REVIEW
Any person aggrieved, or any taxpayer affected,
by any decision of the department may appeal any zoning regulation or order
affecting such person or taxpayer to the district court of the judicial
district in which the aviation hazard area involved is situated, in the same
manner in which appeals are taken from the board of county commissioners to
the district court.
The court shall have jurisdiction to affirm, modify or set aside the
regulations appealed from but the invalidity of one (1) regulation shall not
affect the validity of the remaining regulations. In any case in which airport
zoning regulations adopted under this chapter, although generally reasonable,
are held by the court having jurisdiction to interfere with the use or
enjoyment of a particular structure or parcel of land to such an extent, or to
be so onerous in their application to such a structure or parcel of land as to
constitute a taking or deprivation of that property in violation of the
constitution of this state or the constitution of the United States such
holding shall not affect the application of such regulations to other
structures or parcels of land.
 
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