"On what grounds?" the DA demanded, jumping to his feet. "Mr. Turner has not offered the slightest indication that this case should be dismissed."
"Well, Mr. Turner?" questioned the judge.
"I offer into evidence this notarized affidavit, your Honor," Cole said, handing the piece of paper to the judge. "My grounds for dismissal are that Officer Morgan was not legally competent to issue the citation at the location where he issued it. Since it was outside the city limit of Brewster."
"That's crazy," Morgan said. "The picture clearly shows that it is. That sign has been there for nearly fifteen years. Ever since old man Tate left that parcel of land to the city. I put the sign up myself."
"He's right," said an older man in the spectator gallery. "I left it to the city in my will. After I died, it went to Brewster."
"That's right," Cole said, "but according to this affidavit from the county clerks' office, that parcel of land is located outside the official city limit of Brewster."
"Your Honor," the DA said, "everyone here knows quite well that Jessup Tate left that parcel of land to the city. It was added to the jurisdiction and all the maps were updated within a year of the addition. He lived there until the day he died."
"So I understand," Cole said. "Except that when Mr. Tate lived there, it was located outside the city limit. As I understand it, the city tried to annex it several times but he always refused the annexation. It was only after he died that he agreed to let the land be added to the city property."
"That's right," the judge said. "He said he liked living in the country even though his property line and the old city limit bordered each other. But it was added to the city property, Mr. Turner. Placing it within the city limit."
"Not according to that affidavit, your Honor," Cole said. "I had the county clerk do a thorough check of all city records for the last fifteen years. There is no record of that particular parcel of land ever having the title transferred from Mr. Tate's estate to the city of Brewster. And according to California state law, until the title transfer of a parcel of land is officially registered in the county clerk's office, the land legally and officially belongs to the estate of the person who willed it to the city."
"He's right," the judge said. "According to this affidavit, there was no official transfer of the title. Which means that Jessup's estate is still the legal owner of the property, not the municipality of Brewster."
"What does that mean?" Piper asked.
"Very simply," Cole said, smiling, "that as a police officer for the municipality of Brewster, California, Officer Morgan is empowered to enforce all laws within the limit of the city. But outside the city limit, he officially has no jurisdiction.
"In other words, he can't legally issue a citation to anyone. And according to the county records, the official city limit for Brewster is some seventeen yards farther up the road from where Officer Morgan issued his citation. Morgan was out of his jurisdiction. As such, the citation is not legal. I move for an immediate dismissal of this case and that all charges be dropped pursuant to California state law."
"Mr. District Attorney?" the judge asked, looking at the DA.
The DA simply threw up his hands and sat down, a disgusted look on his face.
"Case dismissed," the judge said, slamming his gavel on the bench.
"We won?" questioned Piper.
"We won," Cole repeated.