Arkansas Savings & Loan Board v. Southerland

508 S.W.2d 326, 256 Ark. 445, 1974 Ark. LEXIS 1462
CourtSupreme Court of Arkansas
DecidedApril 29, 1974
Docket73-251
StatusPublished
Cited by6 cases

This text of 508 S.W.2d 326 (Arkansas Savings & Loan Board v. Southerland) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arkansas Savings & Loan Board v. Southerland, 508 S.W.2d 326, 256 Ark. 445, 1974 Ark. LEXIS 1462 (Ark. 1974).

Opinion

JOHN A. FOGLEMAN, Justice.

The circuit court reversed the Arkansas Savings & Loan Board’s denial of a charter to appellees for their proposed North Central Arkansas Savings & Loan Association at Mountain View. The court’s action was based upon its finding that the decision of the board was not based upon substantial evidence. The board had found that the application met all requisites for the grant of a charter except for its findings that there was not a public need for the proposed association at the time and that the volume of business in the» area in which its business would be conducted was not sufficient to indicate a successful operation. Appellant raises questions as to the timeliness of the appeal to the circuit court by appellees and as to the correctness of the circuit court’s findings relative to public need, but we need not consider either of these questions because we find substantial evidence to support the board’s finding that the volume of business to be anticipated was not sufficient to indicate a successful operation.

In reviewing the circuit court action there are certain basic principles which must constantly be kept in mind. One of the prime requisites for the grant of a charter is a reasonable probability of a successful operation. This probability is dependent upon the volume of business to be anticipated. Ark. Stat. Ann. § 67-1824(3) (Repl. 1966). Two of the basic essentials are sufficient savings deposits and an adequate market for sound loans. In considering applications for a charter, the board carries a heavy responsibility. It is very similar to that of the State Banking Board which we had occasion to emphasize in Piggott State Bank v. State Bank Board, 242 Ark. 828, 416 S.W. 2d 291. The close relationship of the business to the public welfare requires that the state see that those who entrust their savings to these institutions are adequately protected. To that end some agency, such as this board, must be vested with broad powers and wide discretion on questions such as those presented here. White County Guaranty Savings & Loan Assn. v. Searcy Federal Savings & Loan Assn., 241 Ark. 878, 410 S.W. 2d 760. The duty of determining whether a charter should be granted is not vested in this court nor in the reviewing circuit court. That responsibility rests upon appellant, whose members presumably possess a degree of expertise in such matters. See Ark. Stat. Ann. § 67-1805 (Repl. 1966). It is the board’s duty to make certain factual determinations and the collective expertise of the board members must be respected to the extent that the judgment of the courts cannot be substituted for that of the board. The courts are concluded by the board’s findings, if they are supported by substantial evidence. Ark. Stat. Ann. § 67-1811 (Repl. 1966); Heber Springs Savings & Loan Assn. v. Cleburne County Bank, 240 Ark. 759, 402 S.W. 2d 636.

Appellees’ brief advances a persuasive argument in behalf of the application; however, it is addressed, to some extent, to the credibility of adverse witnesses, but, for the most part, to the substantiality of the evidence in support of their application and the relative weakness of the evidence of the protestants. We must reverse the trial court, however, because we find substantial evidence to support the board’s action, at least as to the anticipated volume of business.

In our review of the testimony, we find most of it to be sheer speculation and conjecture, or, at best, mere conclusions of the witnesses based not on facts of substance, but upon the usual generalities expressive of either unbounded optimism or grave doubt, depending upon the interest of the one testifying. All such testimony, of course, must be discarded in searching the record for substantial evidence. The experts. as could be anticipated, each did his best, short of outright advocacy, to support the position of the party by whom he was employed. Most of the evidence that could be considered substantial, however, came from these witnesses.

Two exhibits to the application relate particularly to the question we consider. The first is Exhibit B, entitled “Economic Data in Support of an Application for a Savings & Loan Association to be Located in Mountain View, Arkansas” as amended, and Exhibit F — “Proposed Operating Budget for the First 12 Months of Operation.” The latter indicated a gross operating income of $80,246, operating expense of $38,180, interest charges of $50,328 and a net operating loss of $8,262. The budget was based upon estimates that total savings deposited would range from $340,-000 at the end of the first month to $1,500,000 at the end of the first year. The primary service area indicated was Stone County. The secondary area included certain neighboring townships in Van Burén, Izard, and Searcy Counties.

Most of the enthusiastic predictions made by the applicants and the few witnesses in their behalf who were not proposed officers or subscribing stockholders are based upon the anticipated effect of the development of Blanchard Springs Caverns and the Ozark Folk Cultural Center, and the belief that this would produce a great increase in tourist business. There was also testimony that people were coming to the area for retirement.

Some of the evidence that affords support to the board’s finding actually came from the applicants and their witnesses. For example, there are only three motels in Stone County with a total of 40 units, but the operator of the largest had only one-half occupancy in the winter. Most of his occupancy then was by construction workers at the cultural center and the cave, both of which were nearing completion. He had no plans for expansion. A majority of the inquiries a real estate broker was “beginning” to have was for small acreages, homesites and subdivision lots for retirement sites in the applicants’ proposed service area. Most of the local construction qualifies for low income financing by Farmers Home Administration. The majority of that being done or anticipated at the time was so financed. A builder whose work was centered in Stone County did not know that a savings and loan association would help his business. Growth in the area the last few years had been rather slow, compared to the “outside” area. The operator of a Mountain View sawmill had no present plans for expansion. The Federal Housing Administration had been reluctant to consider loans in Van Burén County because of the unlikelihood of resale of houses securing loans that might become delinquent. Clinton, the Van Burén County seat, has more business connections with Conway and Morrilton that any other particular area. These nonexpert witnesses, with the exception of the one proposed as secretary of the planned association, could not or did not attempt to give any estimate or basis for estimation of the deposits which might be anticipated or the volume of loans for which the proposed institution might successfully compete. The witness proposed as secretary said that savings deposits amounting to $470,000 had been subscribed.

The owner of a craft shop engaged in the manufacture of musical instruments and the sale of handicraft products was a member of the Rackensack and vice-president of the Ozark Foothills Handicraft Guild. He did not know of any persons coming into the area to open a craft business, or of any retail operations that would be involved in the center or the caverns, other than local craftsmen, most of whom were Guild members.

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Related

White County Guaranty Savings & Loan Ass'n v. Farmers & Merchants Bank
562 S.W.2d 582 (Supreme Court of Arkansas, 1978)
Ark. S. & L. Ass'n v. Cent. Ark. S. & L.
538 S.W.2d 505 (Supreme Court of Arkansas, 1976)
Arkansas Savings & Loan Ass'n Board v. Grant County Savings & Loan Ass'n
510 S.W.2d 863 (Supreme Court of Arkansas, 1974)

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Bluebook (online)
508 S.W.2d 326, 256 Ark. 445, 1974 Ark. LEXIS 1462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arkansas-savings-loan-board-v-southerland-ark-1974.