In Gogerty v. Coachella Valley Junior College Dist. (1962) 57 Cal.2d 727, judgment was entered on a demurrer sustained without leave to amend on a complaint seeking declaratory relief and an injunction. The college district proposed to acquire a school site and to erect a school thereon. The complaint set out other agency findings of unsuitability because of the proximity of an airport, failure to hold requisite hearings, fraud and avoidance of statutory requirements. During the pendency of the appeal (no stay order in effect), the college district purchased the site and expended monies toward construction of the school. The judgment was reversed and the motion to dismiss denied. The court stated at page 729: " On a motion to dismiss an appeal where it is necessary to review the record, as it is in the present case, the motion will be denied and any contention that the question has become moot will be considered on its merits." The court then concluded the plaintiff had standing to sue and the complaint stated causes of actions. "Have the First and Second questions above discussed become moot as a result of defendants having purchased the property involved and spent considerable money toward construction of buildings on it?" "No . In the present case defendant district was aware from October 1959, and at all stages thereafter, that plaintiff was questioning its right to proceed with the construction and that the matter would have to be decided by the courts. "Therefore, it is not in a position at this late date to complain of an injury which it brought upon itself when it proceeded at its own peril to continue the construction of buildings upon the site before the courts had finally determined that it had a right to do so." ( Gogerty, supra, at p. 732.)