CHICAGO ATHENAEUM v. EMPLOYMENT APPEAL BD., 711 N.W.2d 733 (Iowa App. 2006)

No. 5-972 / 05-1116Court of Appeals of Iowa.
Filed January 19, 2006

Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.

An employer appeals the district court decision finding its petition for judicial review was untimely. AFFIRMED.

Davin C. Curtiss and Joshua P. Weidemann of O’Connor Thomas, P.C., Dubuque, for appellant.

Rick Autry, Des Moines, for appellee Employment Appeal Board.

Steven J. Drahozal, Iowa Legal Aid, Dubuque, for appellee Egan.

Considered by Mahan, P.J., and Hecht, J. and Hendrickson, S.J.[*]

HENDRICKSON, S.J.

The Employment Appeal Board entered a final decision in this case on March 16, 2005. The Chicago Athenaeum mailed a petition for judicial review to the clerk of the district court on April 15, 2005. The petition was received and filed by the clerk on April 18, 2005. The two respondents in the action, the Board and Karen Egan, filed motions to dismiss the petition as untimely. The district court determined the petition had not been filed within thirty days after the agency’s final decision, as required by Iowa Code section 17A.19(3) (2005), and thus was untimely.

We affirm the decision of the district court. The petition was untimely and the district court was without jurisdiction to review the case. See Sharp v. Iowa Dep’t of Job Servs., 492 N.W.2d 668, 670 (Iowa 1992) (noting a petition for judicial review must be filed in the district court within thirty days of final agency action in order to invoke the jurisdiction of the court). Respondent failed to preserve error on its due process claims.

AFFIRMED.