City of Des Moines v. City Development Board of the State of Iowa

Summary

The Iowa Supreme Court held that the district court lacked jurisdiction to review the City Development Board's stay of Des Moines's annexation proceedings because Des Moines did not file its petition for judicial review within the thirty-day period prescribed by Iowa Code section 368.22. The court concluded that section 368.22 applies to all appeals from Development Board decisions, including interlocutory decisions, and affirmed dismissal of the petition.

Holdings

1. All petitions for judicial review filed in district court from a proceeding under Iowa Code chapter 368 are subject to the thirty-day time limit imposed by Iowa Code section 368.22, including petitions challenging interlocutory Board decisions.
2. A timely petition for judicial review is a jurisdictional prerequisite; because Des Moines filed more than thirty days after the challenged Board decision, the district court had no authority to hear the petition.
3. Iowa Code chapter 17A is generally the exclusive means of judicial review of agency action, but it does not displace a specific statute that expressly provides otherwise; chapter 368 and chapter 17A are to be read together for City Development Board proceedings.

Questions Presented

1. Whether the district court had jurisdiction to review the City Development Board's interlocutory stay decision when Des Moines filed its petition more than thirty days after the Board filed that decision.
2. Whether Iowa Code section 368.22's thirty-day filing period applies to all petitions for judicial review arising from chapter 368 city-development proceedings, including review of interlocutory agency decisions.
3. Whether the judicial-review provisions of Iowa Code chapter 17A are the exclusive means of reviewing City Development Board action and displace the specific review procedures in chapter 368.

Disposition

affirmed