People Ex Rel. Community Unit School District No. 5 v. Decatur School District No. 61

This quo warranto action questions the validity of annexation by the defendant, Decatur School District No. 61, of certain territory from Community Unit School District No. 5. The circuit court of Macon County entered judgment for District No. 61 and the Appellate Court, Fourth District, dismissed the appeal, holding that a validating act rendered the case moot. (44 Ill. App. 2d 375.) Our intervening order transferring the cause to the Appellate Court was improvidently entered and we granted leave to appeal.

District No. 5 was organized under the provisions of the School Code and lies adjacent…