Lewis v. Heritage Savings Ass'n

502 S.W.2d 943, 1973 Tex. App. LEXIS 2500
CourtCourt of Appeals of Texas
DecidedDecember 12, 1973
DocketNo. 12094
StatusPublished
Cited by4 cases

This text of 502 S.W.2d 943 (Lewis v. Heritage Savings Ass'n) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Heritage Savings Ass'n, 502 S.W.2d 943, 1973 Tex. App. LEXIS 2500 (Tex. Ct. App. 1973).

Opinions

PHILLIPS, Chief Justice.

This is a suit for judicial review of an order of the Savings and Loan Commissioner, approving the application of Oak Cliff Savings and Loan for permission to operate a branch office in Duncanville, Dallas County, Texas. Appellee, Heritage Savings Association, was a protestant at the administrative hearing. The trial court declared the order of the Commissioner was not supported by substantial evidence and set it aside. We reverse the judgment of the trial court and reinstate the order.

The principal question before this Court is whether the trial court was correct in concluding that the order and Commissioner’s findings of public need, sufficient volume of business and absence of undue harm were not supported by substantial evidence. These prerequisites for the granting of a charter are found in Section 2.4 of the Rules and Regulations for Savings and Loan Associations, promulgated by the Savings and Loan Section of the Finance Commission of Texas.

The underlying findings of fact and the conclusions of the Commissioner are as follows:

“The Commissioner finds that there is a public need for the proposed branch office and the volume of business in the community in which the proposed branch office will conduct its business is such as to indicate a profitable operation to the association within a reasonable period of time and that the proposed operation will not unduly harm any other association operating in the vicinity of the proposed location.

“Duncanville is located in the southwest quarter of Dallas County. The city of Duncanville has experienced a rapid increase in population. The population of the city increased from 3,785 in 1960 to 11,730 in 1970. The population of Duncan-ville is expected to exceed 17,000 persons by 1975. Many of the residents commute outside the city to work.

“The service area of the proposed branch office includes Duncanville and its environs, nearby Cedar Hill and its environs, and a portion of the southwest part of the Oak Cliff section of Dallas. The totál population of the service area increased from approximately 7,500 in 1960 to approximately 20,000 in 1970. The pop-[945]*945tilation oí the service area is expected to reach the vicinity of 37,000 in 1975. Dun-canville, Cedar Hill, and environs alone had a population of approximately 18,000 in 1970, expected to increase to more than 27,000 in 1975. Average family income in the service area in 1970 was in excess of $10,000.

“Presently located in the service area is one savings and loan association with its home office in Duncanville. Two commercial banks are located in the service area. The growth of the area is reflected in the experience of these institutions. From year-end 1965 to year-end 1970, total deposits of these banks approximately tripled, increasing from $4,777,000 on the former date to $14,935,000 on the latter date. From year-end 1965 to year-end 1970, the bank located in Duncanville enjoyed an increase in total deposits of approximately $5,700,000. Approximately half of the increase in the Duncanville bank represented an increase in time deposits.

“The savings and loan association located in Duncanville maintains two branch offices in other portions of Dallas County. One of these branch offices has not been particularly successful for the association, but it continues in operation. The association opened in 1962 and, by year-end 1970, had total savings of approximately $7,432,000 and total mortgage loans outstanding of approximately $7,500,000. Of this association’s total savings at year-end 1970, $3,457,624 represented accounts from residents within the city limits of Duncan-ville, and an additional $822,700 represented accounts of residents within the southwest quarter of Dallas County but outside the Duncanville city limits. The association had at least one account from 1,579 different households in Duncanville.

“The association located in Duncanville has enjoyed substantial growth. From year-end 1965 to year-end 1970, total savings increased from approximately $3,000,000 to approximately $7,400,000. The association has been meeting its reserve requirements in recent years. Since opening in October, 1962, the association has earned well in excess of $200,000. In mid-1969, the association opened a large, attractive new home office at a cost in excess of $200,000.

“The housing needs of the rapidly growing populace in the service area have created a substantial demand for new residences. In Duncanville and Cedar Hill more than 2,000 new residential units were authorized during the years 1966 through 1970, and almost 1,000 of these units were authorized in 1970 alone. In Duncanville, single-family residential construction has been dominant in recent years although 520 units in multi-family dwellings were authorized in 1970. During the five years preceding the hearing, approximately 1,200 new, single- family residences have been authorized in Duncanville alone. Beginning in 1967, the total value of residential permits authorized in Duncanville has exceeded $3,000,000 every year, and in 1970 the total of such permits was approximately $9,500,000. There has also been a substantial volume of residential construction in the neighboring town of De Soto.

“Approximately 50% of both the single-family and multi-family residential units authorized in Duncanville in 1970 represents housing for lower-income groups, subsidized in one way or another by the Federal Housing Administration. Even these lower-income, single-family residences sell for prices ranging, approximately, from $16,000 to $18,000, and many, more expensive residences have been built and continue to be built in Duncanville.

“The association located in Duncanville concentrates its lending activities in the new, single-family, non-FHA, residential-dwelling market in Duncanville. In 1970, the association made approximately 50% of the loans in this limited category. Other savings and loan associations, mortgage companies, commercial banks, and other lenders also compete in the mortgage-lending market in Duncanville and in the serv[946]*946ice area, but the magnitude of the market penetration of these associations (other than the one located in Duncanville and the applying association) is unknown. However, none of these other competing associations maintains an office within the service area. The need for additional residential mortgage-lending services will increase as the population of the service area continues to grow.

“The large and growing populace of the service area, the high level of family income and the experience of financial institutions in the service area demonstrate the availability of sufficient savings to permit this additional facility to operate profitably without harming any other association. The already abundant residential-mortgage lending opportunities in the service area will be increased by the housing demands of a growing populace. The heavy demand for residential-mortgage lending funds is evident from building permit data. This additional branch will provide a needed competitive alternative to serve the savings and lending needs of the public in a dynamic area, and sufficient savings and loans to support the additional office without unduly harming any existing association are available.

“In addition to attracting new customers to the savings and loan industry, this additional office will enable the applying association to better serve its existing customers in the area.

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Related

Nacogdoches Savings & Loan Ass'n v. Lewis
531 S.W.2d 428 (Court of Appeals of Texas, 1975)
Jacksonville Building & Loan Ass'n v. Lewis
531 S.W.2d 433 (Court of Appeals of Texas, 1975)
State Banking Board v. Proposed Bayport Bank of Pasadena
516 S.W.2d 251 (Court of Appeals of Texas, 1974)

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Bluebook (online)
502 S.W.2d 943, 1973 Tex. App. LEXIS 2500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-heritage-savings-assn-texapp-1973.