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QUINCY, ILL. -- UPDATED: June 8 at 10 a.m.

Quincy School Board member Bud Niekamps Quo Warranto lawsuit was back in court.

Jesse Gilsdorf filed an appeal with the Fourth District Appellate Court in the quo warranto decision against Niekamp.  Gilsdorf wants the case thrown out.

The court heard arguments Tuesday in Springfield.  There is no word on when a decision will be reached.

Check this story for future updates.

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Jamie Busen, with KHQA's news partner WTAD, reports that the plaintiffs in the quo warranto suit against former Quincy School Board President Melvin "Bud" Niekamp have filed a motion to dismiss the appeal.

Attorney Jack Ingraham on behalf of the plaintiffs said in the motion that the issue was now moot since Niekamp no longer holds the disputed seat.

Judge Diane Lagoski ruled against Niekamp last year saying he should not have accepted a school board seat in 2009 when he was already sitting on the Adams County Board.  State law says that is not allowed.

Niekamp appealed the ruling and was allowed to remain on the school board pending the results of that appeal.  He then ran for election to an open seat on the board in the April election and won, moving to the new seat at the April board meeting.

Niekamp's attorney Jess Gilsdorf tells WTAD that it is interesting that Ingraham makes the same argument he has made all along:  that by accepting a new seat, Niekamp automatically resigned the old seat.

It's not known when the appeals court will rule on the motion.

We will continue to follow this story, so check back later.