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Tag Archives: Good Faith

Criminal Practice – DNA Search — ‘Cold Hit’ — Good Faith (access required)

U.S. v. Davis Police did not violate defendant’s rights when they collected his bloodstained clothing from a hospital four years earlier during investigation of defendant as a gunshot victim and his arrest on marijuana charges, but subsequent testing of the bloodstain for defendant’s DNA in connection with a later murder investigation in which defendant was never charged, did violate defendant’s rights.

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Contract – Good Faith – Business Expansion – Economic Downturn – Re-Zoning & Building Permit (access required)

Area Storage, Inc. v. Old Oak Estates Community Association Pursuant to the parties’ contract, if the plaintiff-storage business got its land re-zoned to commercial and obtained a building permit, then plaintiff would deed a 50-foot buffer to defendant -- its neighbor – install a buffer of vegetation, and pay defendant $20,000. Although plaintiff placed the deed and $30,000 in escrow and had the property re-zoned, it decided not to seek a building permit because of an economic downturn. Plaintiff’s failure to seek a building permit was not a breach of its duty of good faith.

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