White County Guaranty Savings & Loan Ass'n v. Farmers & Merchants Bank

562 S.W.2d 582, 262 Ark. 893, 1978 Ark. LEXIS 1836
CourtSupreme Court of Arkansas
DecidedFebruary 27, 1978
Docket77-203
StatusPublished
Cited by14 cases

This text of 562 S.W.2d 582 (White County Guaranty Savings & Loan Ass'n v. Farmers & Merchants Bank) 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
White County Guaranty Savings & Loan Ass'n v. Farmers & Merchants Bank, 562 S.W.2d 582, 262 Ark. 893, 1978 Ark. LEXIS 1836 (Ark. 1978).

Opinions

George Howard, Jr., Justice.

The question for review is whether the decision of the Arkansas Savings & Loan Association Board, hereinafter referred to as the Board, in approving the application of the White County Guaranty Savings and Loan Association, appellant herein, and hereinafter referred to as the Guaranty, for a branch office at Des Arc, Prairie County, is supported by substantial evidence on the record considered as a whole. Stated differently, we must determine if the Circuit Court of Prairie County, Northern District, committed reversible error in holding that the Board’s decision was not supported by substantial evidence and, accordingly, reversed and dismissed the Board’s action.

THE FACTS

Appellant, the Guaranty, filed an application with the Board to establish a branch office at Des Arc, Arkansas. Appellee, Farmers and Merchants Bank of Des Arc, Arkansas, hereinafter referred to as the Bank, resisted the application vigorously.

Following a hearing conducted by the Board on May 11, 1976, the Board unanimously approved the application and entered the following order, in material part, on May 12, 1976:

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

In support of the above findings, the Board also set out extensive underlying facts in its order.

Appellee, on May 18, 1976, appealed the Board’s decision to the Circuit Court of Prairie County contending essentially that there was no substantial evidence to support the Board’s findings and conclusions.

HOLDING OF THE TRIAL COURT

On April 7, 1977, the Circuit Court reversed the decision of the Board holding, in relevant part, as follows:

1. “... the court finds that the decision of the Board is not supported by substantial evidence of public need or prospects for successful operations or the absence of undue harm to existing financial institutions in the area. ”
2. “Specifically, the Court finds that the Proposed Service Area (PSA) of the Applicant-intervenor, White County Guaranty Savings & Loan Association was substantially overstated in area and population and that the resulting projections of savings volume, loan volume and profit submitted by it were thereby rendered inaccurate, unreliable, overstated, and misleading; that there is a substantial overlap of the area presently served by the facilities or applicant-intervenor at Searcy and Bald Knob with that claimed in its PSA; that the residential construction loan volume projected by applicantintervenor is unrealistic in view of the small actual volume of such construction in this area; that the realistic trade area to be served by applicant-intervenor is adequately served by existing financial institutions; that the evidence submitted in support of the application was not substantial and reliable, particularly in view of the record as a whole; that all other issues of law and fact are found in favor of Petitioner, and that the Order of the Board is not supported by substantial evidence and should be reversed and set aside.” (Emphasis added)

THE DECISION

It is, perhaps, appropriate to deal first with the applicable law that is to be resorted to by the circuit court in reviewing the decision of the Board in determining, (1) the area of responsibility of the circuit court, and (2) the proper standard of judicial review.

In Ark. Stat. Ann. § 67-1866 (Supp. 1977), it is provided as follows:

“The Board shall not approve any application for authority to open a branch office or other service facility for business unless the association seeking said authority establishes and the Board shall have affirmatively found from the data furnished with the application, the evidence adduced at such hearing . . . that:
“(1) There is a public need for the proposed branch office or service facility and the volume of business in the area in which the proposed branch office or service facility will conduct its business is such as to indicate a successful operation.
“(2) The operation of the proposed branch office or service facility will not unduly harm any other existing association or federal savings and loan association or other financial institution.
“(3) The operation of the proposed branch office or service facility will not unduly harm the association seeking authority to open the branch office or service facility for business.”

Ark. Stat. Ann. § 5-713, which is Arkansas’s Administrative Procedure Act, in providing for judicial review of an administrative agency’s decision, provides in material part as follows:

“(h) The court may affirm the decision of the agency or remand the case for further proceedings. It may reverse or modify the decision if the substantial rights of the petitioner have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:
(1) in violation of constitutional or statutory provisions;
(2) in excess of the agency’s statutory authority;
(3) made upon unlawful procedure;
(4) affected by other error of law;
(5) not supported by substantial evidence of record; or
(6) arbitrary, capricious, or characterized by abuse of discretion.”

In Arkansas Savings & Loan Association Board and Security Savings & Loan Association v. Central Arkansas Savings & Loan Association, 260 Ark. 58, 538 S.W. 2d 505, we adopted the rationale enunciated by the United States Supreme Court in Universal Camera Corp. v. National L. R. Bd., 340 U.S. 474, 71 S. Ct. 456 (1950), that court review of an administrative decision, under the federal Administration Procedure Act, requires such a review upon the record as a whole in applying the substantial evidence rule rather than predicating such review upon only the evidence supporting the administrative finding when reviewed by itself. In other words, we held that the provisions of Arkansas’s Administrative Procedure Act give to the courts the same type of review that is applied by the federal courts.

In Universal Camera Corp. v. National L. R.

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White County Guaranty Savings & Loan Ass'n v. Farmers & Merchants Bank
562 S.W.2d 582 (Supreme Court of Arkansas, 1978)

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Bluebook (online)
562 S.W.2d 582, 262 Ark. 893, 1978 Ark. LEXIS 1836, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-county-guaranty-savings-loan-assn-v-farmers-merchants-bank-ark-1978.