Gogerty v. Coachella Valley Junior College District

J.—From a judgment in favor of defendant, predicated upon the sustaining of its demurrer, without leave to amend, to plaintiff’s fourth amended complaint in an action to declare void and annul the selection and acquisition of a school site, plaintiff appeals.

Defendant has filed a notice of motion to dismiss the appeal on the grounds (1) that the appeal is devoid of merit and (2) that the question on appeal has become moot, since defendant has purchased the property and has spent considerable money toward the construction of buildings on it.

On a motion to dismiss an appeal where it is…