VERONICA M. LACK, Plaintiff-Appellant,
STATE OF IOWA and THE IOWA DEPARTMENT OF NATURAL RESOURCES, Defendants-Appellees.
from the Iowa District Court for Polk County, Jeanie K.
Lack appeals from the district court's grant of summary
judgment to the defendants in this civil rights action.
Veronica M. Lack, Waukee, self-represented appellant.
J. Miller, Attorney General, and David S. Steward, Assistant
Attorney General, for appellee.
Considered by Danilson, C.J., and Vogel and Tabor, JJ.
DANILSON, CHIEF JUDGE.
December 9, 2013, Veronica Lack filed this action asserting
the State of Iowa and its department of natural resources
(collectively "the department") had
discriminated against her on the basis of sex, age, and
disability and retaliated against her. Her petition was
subsequently dismissed via a summary judgment on the basis
that none of the conduct complained of fell within the
300-day limitation period provided in Iowa Code section
216.15(3) (2009). Lack appeals contending there was a
continuing violation under the Iowa Civil Rights Act (ICRA).
petition alleged, in part:
In 1993-2004 (the time period involving Lack's original
well) and then through 2009 (Lack's newly drilled well)
and thereafter, the [department] failed and/or refused to
provide the information it had committed to provide to Lack,
including the well test results that were showing positive
for anhydrous ammonia, which demonstrates that Lack and her
family continued to be exposed to high levels thereof.
department answered and asserted affirmative defenses.
department filed a motion for summary judgment on August 4,
2017, contending it was entitled to summary judgment for the
(a) Lack's claims were not timely filed within the
300-day statutory limitations period contained within the
(b) Lack cannot alleged facts sufficient to support a claim
of discrimination based upon age, ...