A Lewiston businessman's attempt to get a decision by the Nez Perce County Commission regarding inert waste dumps set aside was dismissed in 2nd District Court Friday because it was a legislative action affecting an entire zone.

The decision by Judge John Bradbury stems back to the commissioners' vote last year against allowing the dumps in M-2 heavy industrial zones in the area of city impact.

Mike McHargue, owner of Western Construction and Excavation and McRock, had asked for judicial review of that decision. The zoning action grew out of his request that just one site in East Lewiston be approved for an inert landfill.

Nez Perce County Deputy Prosecutor Jennifer Douglass said the county filed a motion to dismiss because under Idaho Supreme Court case law legislative action is shielded from direct judicial review. If the decision had been made in regard to the application of code to a specific case, judicial review would have been appropriate, she said.