MERVAT SABRY HASSAN V AHMED A HASSAN
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STATE OF MICHIGAN
COURT OF APPEALS
MERVAT SABRY HASSAN,
UNPUBLISHED
Plaintiff-Appellee,
v
No. 187946
St. Clair Circuit Court
LC No. 91-001168-DM
AHMED A. HASSAN, a/k/a DR. AHMED A.
HASSAN,
Defendant-Appellant.
MERVAT SABRY HASSAN,
Plaintiff-Appellant,
v
No. 189458
St. Clair Circuit Court
LC No. 91-001168-DM
AHMED A. HASSAN,
Defendant-Appellee.
Before: Jansen, P.J., and Young and R.I. Cooper*, JJ.
YOUNG, J. (concurring).
I concur fully in parts I-III and V of the majority’s opinion. In part IV, however, the majority
concludes that defendant’s medical practice and the buildings were not sold at fair market value. While
I agree that this sale must be revisited by the trial court, I cannot agree that this record provides a basis
for this Court’s fact-based conclusion that the sale was made at other than fair market value. Rather, I
write separately with respect to part IV to state that I believe that the trial judge’s decision with respect
to the sale of defendant’s practice and the buildings should be reversed on different grounds.
* Circuit judge, sitting on the Court of Appeals by assignment.
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This Court has held that, where a fiduciary has engaged in bad faith, unfair dealings or conflicts
of interest, the sale of trust property by the trustee must be assessed in accordance with the exacting
three-part test announced in In re Green Charitable Trust, 172 Mich App 298; 431 NW2d 492
(1988). See In the Matter of Harold S Ansell Trust, 224 Mich App 745, 748; ___ NW2d ___
(1997). Likewise in the instant case, because the trial court found that defendant engaged in a pattern
of self-dealing in violation of the limited partnership agreement, in determining whether defendant
obtained a fair price for the two buildings, I believe that the test from Green is applicable.
Because there is no indication that the issues presented in Docket No. 189458 relating to the
sale of the buildings were assessed under the correct legal standard, I believe that it is necessary to
remand the case to the trial court for reconsideration of those issues.
/s/ Robert P. Young, Jr.
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