2013 Idaho Statutes
Title 21 - AERONAUTICS
Chapter 5 - AIRPORT ZONING ACT
Section 21-506 - JUDICIAL REVIEW.

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.