Judge affirms Selle Valley rezone

Controversial request changed zoning from AF-20 to AF-10

A district judge has affirmed a Bonner County Commission decision to approve a 714-acre rezone request in the Selle Valley, ruling critics had not proven their claims that their due process rights were violated. “The evidence does not support a finding that the board's interpretation and application of its zoning ordinance was arbitrary, capricious, or discriminatory,” District 1 Judge Barry McHugh wrote in the ruling issued last month. “On the contrary, the board provided additional opportunity for the submission of input on the decision. Further, the decision was based on substantial evidence in the record … [and] the court finds that the conduct of Commissioner McDonald did not deprive Petitioners of their due process rights.”