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.
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:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
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.