John H. White v. City of Dubuque Building Code Board of Appeals ( 2020 )

IN THE COURT OF APPEALS OF IOWA
No. 20-0341
Filed December 16, 2020
JOHN H. WHITE,
Plaintiff-Appellant,
vs.
CITY OF DUBUQUE BUILDING CODE BOARD OF APPEALS,
Defendant-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi
Wittig, Judge.
Property owner appeals a remand order issued in response to his petition
for writ of certiorari. AFFIRMED.
Stuart G. Hoover, East Dubuque, Illinois, for appellant.
Maureen Quann, Assistant City Attorney, Dubuque, for appellee.
Considered by Doyle, P.J., and Mullins and Greer, JJ.
2
MULLINS, Judge.
John White appeals the remand of the certiorari proceeding he initiated
against the City of Dubuque Building Code Board of Appeals (Board) on the basis
that the Board failed to follow its own rules and procedures and violated White’s
due process rights. The remand was for the purpose of the Board proceeding in
compliance with the city code. We affirm for the reasons stated in our
contemporaneously filed decision in Kopzyck v. City of Dubuque Building Code
Board of Appeals, No. 20-0340, 2020 WL _______, at *__ (Iowa Ct. App. Dec. 16,
2020) (“It is the rule that certiorari proceedings may be remanded where the inferior
tribunal has not proceeded according to law and the mistake may be corrected
upon a further hearing.” (quoting Watson v. Charlton, 50 N.W.2d 605, 611 (Iowa
1951))).
AFFIRMED.