EDWARD NOWITZKE TRUST V RONALD DEYOUNG
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STATE OF MICHIGAN
COURT OF APPEALS
EDWARD NOWITZKE TRUST and KRISTINE
M. GILLENGERTEN, TRUSTEE,
UNPUBLISHED
August 5, 2008
Plaintiffs/Counter-DefendantsAppellees,
v
No. 269597
Cheboygan Circuit Court
LC No. 04-007391-CH
RONALD DEYOUNG,
Defendant/Counter-PlaintiffAppellant.
Before: Bandstra, P.J., and Zahra and Owens, JJ.
OWENS, J. (dissenting)
I respectfully dissent. The trial court judge did not err in concluding that insufficient
consideration supported the option contract. I agree that as found by the trial court,
consideration of one dollar for an option to purchase lakefront property that was “appreciating at
a very significant rate” at the time the option was granted was indeed “so grossly unfair that it
shocks the conscience and therefore must be set aside.” Rose v Lurvey, 40 Mich App 230, 235–
236; 198 NW2d 839 (1972), Hake v Youngs, 254 Mich 545, 550; 236 NW 858 (1931).
/s/ Donald S. Owens
-1-
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