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Case No. 22-1619

Emilio Puente
v.
Civil Service Commission of Iowa City

Emilio Puente seeks further review of the court of appeals decision affirming the dismissal of his petition for judicial review against the Civil Service Committee of Iowa City. The court of appeals found that a petition for judicial review under Iowa Code chapter 17A is not the same as a notice of appeal under Iowa Code section 400.27, the district court correctly dismissed the petition for judicial review for lack of jurisdiction.

County:
Johnson
Trial Court Case No.:
CVCV083447

Applicant

Emilio Puente

Resister

Civil Service Commission of Iowa City

Attorney for the Applicant

Peter M. Sand

Attorneys for the Resister

Elizabeth J. Craig
Jennifer L. Schwickerath

Supreme Court

Oral Argument Schedule

Non-Oral

Apr 11, 2024 9:00 AM

Briefs

Supreme Court Opinion

Opinion Number:
22-1619
Date Published:
May 17, 2024

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1619
Date Published:
Sep 13, 2023
Summary

            Appeal from the Iowa District Court for Johnson County, Chad A. Kepros, Judge.  AFFIRMED.  Considered by Bower, C.J., and Badding and Buller, JJ.  Opinion by Badding, J.  (11 pages)

            Emilio Puente appeals the district court’s grant of a pre-answer motion to dismiss his petition for judicial review challenging a decision of the Civil Service Commission of Iowa City.   He argues the district court erred in granting dismissal on the basis that he failed to file and serve a notice of appeal as required by Iowa Code section 400.27 (2022).  OPINION HOLDS: Because a petition for judicial review under Iowa Code chapter 17A is not the same as a notice of appeal under section 400.27, nor can it be construed as such, we affirm the district court’s ruling granting the commission’s motion to dismiss for lack of jurisdiction.

Other Information

Date Further Review is Granted:
Feb 08, 2024
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