Northwest Savings & Loan Ass'n v. Fayetteville Savings & Loan Ass'n

562 S.W.2d 40, 262 Ark. 840, 1978 Ark. LEXIS 1829
CourtSupreme Court of Arkansas
DecidedFebruary 20, 1978
Docket77-219
StatusPublished
Cited by10 cases

This text of 562 S.W.2d 40 (Northwest Savings & Loan Ass'n v. Fayetteville Savings & Loan Ass'n) 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
Northwest Savings & Loan Ass'n v. Fayetteville Savings & Loan Ass'n, 562 S.W.2d 40, 262 Ark. 840, 1978 Ark. LEXIS 1829 (Ark. 1978).

Opinion

George Howard, Jr., Justice.

This controversy presents the following question for resolution: Whether the Washington County Circuit Court committed reversible error in holding that the Arkansas Savings and Loan Association Board’s, hereinafter referred to as the Board, decision granting the application of Northwest Savings and Loan Association, hereinafter referred to as Northwest, to establish a branch office in Fayetteville, Arkansas, was not supported by substantial evidence.

THE FACTS

On July 22, 1976, Northwest, which has its principal office in Rogers, Arkansas, filed an application with the Board for permission to establish a branch office in the City of Fayetteville, Washington County, Arkansas. Northwest’s service area is the Benton and Washington Counties trade area, and Northwest has savings account customers as well as loan customers in Fayetteville. Northwest was chartered in 1973 under the laws of the State of Arkansas.

Appellees, First Federal Savings and Loan Association of Fayetteville, hereinafter referred to as First Federal, and Fayetteville Savings and Loan Association,1 hereinafter referred to as Fayetteville Association, protested the application of Northwest.2

On December 7, 1976, the Board rendered its decision finding, inter alia:

1. There is a public need for the proposed branch office and the volume of business in the area in which the proposed branch office will conduct its business is such as to indicate a successful operation; and,
2. The operation of the proposed branch office will not unduly harm any other existing association of Federal savings and loan association or other financial institution; and,
3. The operation of the proposed branch office will not unduly harm the association seeking authority to open the branch office.

In support of its findings of fact, the Board made thirty-two underlying facts which were separately and distinctly stated and numbered.

The Board concluded that the application of Northwest for permission to establish a branch office should be approved.

On December 8, 1976, Northwest opened the branch office for business.3 However, on December 10, 1976, a temporary restraining order was issued by the Circuit Court of Washington County enjoining Northwest from doing any business pending appeal of the Board’s decision . The restraining order was subsequently made permanent pending completion of the appellate process.

On March 16, 1977, the Board denied appellees ’ petition for rehearing.4

On July 1, 1977, the Circuit Court rendered a rather detailed and extensive opinion which in substance found that the Board’s decision was not supported by substantial evidence by considering the record as a whole, and further concluded that some of the findings of the Board were arbitrary and that the Board abused its discretion in granting the application of Northwest; arid, accordingly, entered an order reversing the action of the Board.

CONTENTION OF THE PARTIES

1. Appellants contend that the Board’s decision in granting the application of Northwest is supported by substantial evidence and is not arbitrary or capricious. Moreover, appellants contend that the Circuit Court erred in substituting its judgment for that of the Board.

2. First Federal and Fayetteville Association both contend that the Circuit Court was correct in holding that the Board’s approval of the application of Northwest was not supported by substantial evidence and that the Board’s action was both arbitrary and capricious. Moreover, appellees contend that the Circuit Court’s review did not involve the substitution of the court’s judgment for that of the Board, but, on the contrary, the court’s careful consideration of the record was to determine whether the Board’s decision was based on relevant factors and whether there was clear error of judgment on the part of the Board in granting Northwest’s application.

Fayetteville Association also contends that it is inherently arbitrary, capricious and an abuse of discretion for the Board to approve an application for a branch office by outsiders in a city having local savings and loan associations.

THE DECISION

After carefully reviewing the record and the briefs submitted by appellants and appellees, we are persuaded that the appellants are correct in asserting that there is substantial evidence to support the Board’s decision and that in several instances, the trial court substituted its judgment for that of the Board. Consequently, the holding of the Circuit Court of Washington County, Arkansas, is reversed.

In First State Building & Loan Association, Mountain Home, Arkansas v. Arkansas Savings & Loan Association Board and Home Savings & Loan Association, 261 Ark. 482, 549 S.W. 2d 274 (1977), we stated that in reviewing the record to determine if the Board’s findings are supported by substantial evidence:

“. . . we consider the evidence with all reasonable inferences deducible therefrom in the light most favorable [to the Board’s action] . . . Whether the evidence of Appellee or the Appellant weighs more heavily is not a consideration.”

• In First National Bank of Fayetteville v. Smith, 508 F. 2d 1371 (8th Cir. 1974), the Court, inter alia, observed:

“The ‘arbitrary and capricious’ standard of review is a narrow one ... its scope is more restrictive than the ‘substantial evidence’ test which is applied when reviewing formal findings made on a hearing record . . . ‘Administrative action may be regarded as arbitrary and capricious only where it is not supportable on any rational basis ’. . . Something more than mere error is necessary to meet the test. . . To have administrative action set aside as arbitrary and capricious, the party challenging the action must prove that it was ‘willful and unreasoning action,’ without consideration and a disregard of the facts or circumstances of the case ...” (Emphasis added)

In Terrell Gordon v. Gordon L. Cummings, et al, 262 Ark. 737, 561 S.W. 2d 285 (1978), we made the following statement involving administrative proceedings:

“It is well settled that administrative agencies are better equipped than courts, by specialization, insight through experiences and more flexible procedures to determine and analyze underlying legal issues; and this may be especially true where such issues may be wrought up in a contest between opposing forces in a highly charged atmosphere. This recognition has been asserted, as perhaps, the principal basis for the limited scope of judicial review of administrative action and the refusal of the court to substitute its judgment and discretion for that of the administrative agency.”

The following excerpts from the trial court’s opinion characterize the posture assumed by the trial court in reviewing the record in order to determine if the findings and conclusions of the Board were supported by substantial evidence:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Arkansas Contractors Licensing Board v. Pegasus Renovation Co.
64 S.W.3d 241 (Supreme Court of Arkansas, 2001)
Arkansas State Racing Commission v. Wayne Ward, Inc.
57 S.W.3d 198 (Supreme Court of Arkansas, 2001)
Jackson v. Arkansas Racing Commission
34 S.W.3d 740 (Supreme Court of Arkansas, 2001)
Bank of Yellville v. First American Savings & Loan Ass'n
634 S.W.2d 122 (Supreme Court of Arkansas, 1982)
Carder v. Hemstock
633 S.W.2d 384 (Court of Appeals of Arkansas, 1982)
First National Bank of Paris v. Peoples Security Bank
614 S.W.2d 521 (Court of Appeals of Arkansas, 1981)
Roberts v. Smith Furniture & Appliance Co.
567 S.W.2d 947 (Supreme Court of Arkansas, 1978)

Cite This Page — Counsel Stack

Bluebook (online)
562 S.W.2d 40, 262 Ark. 840, 1978 Ark. LEXIS 1829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/northwest-savings-loan-assn-v-fayetteville-savings-loan-assn-ark-1978.