David Charles Stuart
v.
City of Dubuque Building Code Advisory and Appeals Board
Appellant
David Charles Stuart
Appellee
City of Dubuque Building Code Advisory and Appeals Board
Attorney for the Appellant
Stuart G. Hoover
Attorney for the Appellee
Jason D. Lehman, Assistant City Attorney
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Thomas A. Bitter, Judge. AFFIRMED. Considered by Badding, P.J., Langholz, J., and Bower, S.J. Opinion by Langholz, J. (8 pages)
David Stuart appeals the dismissal of his petition for writ of certiorari challenging the Dubuque Building Code Advisory and Appeal Board’s denial of his appeals of three housing notices of violation. Stuart argues that the district court erred in finding the petition untimely and that the court should have granted him an extension of time because his untimely filing was “due to a failure of the tribunal, board or officer to notify the petitioner of the challenged decision.” Iowa R. Civ. P. 1.1402(3). OPINION HOLDS: We agree with the district court that Stuart’s thirty-day clock started no later than the date the Board mailed its written decision—the date of his receipt is irrelevant. So his petition filed thirty-two days later was untimely. And because Stuart makes no argument that any action of the Board prevented him from receiving notice within the thirty-day window for filing, the district court did not abuse its discretion in denying his request for an extension of time.
