*1 CRESTWOOD, BANK OF a Missouri
Banking Corporation, Appellant, BANK, a Missouri
GRAVOIS al., Respondents.
Corporation, et
No. 62179. Missouri, Court of
Supreme
En Banc.
May
Rehearing Denied June Louis, appel- Schalfly,
Rоbert F. St. lant. Evans Langton, Dill, Gerre S. Anthony
J. Louis, Dixon, respondents. & *2 WELLIVER, through Fenton, Louis Judge. City of St. Missouri. (Crestwood) ap- Bank of The Crestwood (b) In late 1800’s and the early court peals judgment of the circuit 1900’s, family major landholdings along Banking affirming an order of the State were dissolved Board) Gravois Road and the en- approved (Banking Board authority length of a Gravois Road in granting certificate of tire of St. Louis (now Director) of Finance to County exclusively Commissioner was bordered almost operation of a bank- gardens. Gravois Bank for the small farms and truck This ing in Louis This cause facility County. was agricultural populated St. Ap- to Court of originally taken persons ancestry of German primarily by District, peals, Eastern which reversed the many occupational who had and social court. The cause was transferred to circuit connections. question for of the this Court examination (c) In 1800’s the area located the late we of raised which is one deemed of Gravois and around the intersection of im- interest and a matter first Roads became known as Ferry Tesson pression toas the statutes involved. Rule (later Affton) after a mer- Aff’s town The as 83.03. case is determined here post at who maintained a office chant Art. though original appeal. on Mo.Const. A distance to the intersection. short that 10;
V, judg- Rule 83.09. We affirm the Road, Sapping- name west on Gravois ment Circuit Court. area around the given ton was to the most simple for the Sappington The facts are intersection of Gravois and the site part undisputed. Gravois Bank between Gravois Roads. The distance in facility for both located proposed are as in the area known Affton Bank unincorporated an section South St. in area facility site proposed Bank’s main County. Louis The Gravois approximately is Sappington known Heege house is located and Gra- at straight-line miles. 4.6 generally in known as vois Roads an in (d) Bank was chartered Gravois ap site facility Affton. The is proposed directors, four initial Of its none miles west of proximately four and one-half From Sappington area. came from the banking house at Gravois Bank’s main Gra- incorporation, and after the time area generally Gravois Road in an 11659-85 bank located on vois Bank was the is locаted Sappington. known as Crestwood Avenue in Road between Grand Gravois approximately miles north one and one-half City of City Louis St. standing site. proposed Fenton, Meramec located south in this action was established Crestwood organization, time of its River. From the Banking in Bank of Crestwood State mer- many farming families 1977), (Mo.App. Road along Gravois chants the area Banking where it was ordered that the bank. County patronized Louis St. Following hearing. Board conduct a the Board presented The evidence findings Board issued hearing, per- numbers substantial shows that fact, order and its conclusions law Aff- areas of sons issuance confirming the Commissioner’s Road along Gravois and Sappington ton Bank authority for Gravois certificate of at the accounts and loan deposit maintain proposed site. at the operate sub- are These accounts Bank. Gravois following Board made amount than in dollar stantially greater of law: and conclusions findings fact Bank with Gravois maintained accounts before the 4. Based on the record area which Lemay residents of whole, Board finds: takеn as a Board much closer Gravois geographically bank- existing facility. The artery historic (a)Gravois Road of the Affton the residents Mis- habits of County, Louis of travel St. South exist- suggest Sappington areas souri, City from the running southwest areas Louis banking pur- of a of South St. ence poses. further no valid basis County and resi- between distinguishing existed
(e) presented data to the Statistical areas Sappington Affton and values and dents in the housing Board indicates throughout in South along income levels the entire area Gravois Road *3 Road in along County Gravois Louis County. St. upper catego- fall in middle to middle incor- of was (h)The Bank Crestwood than ries. More two-thirds of the entire years forty in 1958. For over porated en- working population of the area is bank, that incorporation of prior to the gaged in white collar and occupations the Gravois Bank had served Gravois most workers of all leave classifications both including community people of Road daily the area and indus- commercial areas. Sappington the Affton and trial centers of St. Louis Louis and St. locations of the two proximity relative of County for their Most employment. of accounts substantial number housing the residential in this area stock upon relied people who have representing is thirty years less than of age. banking Bank services the Gravois (f) Sap- in the Residents Affton and to Board area lead the Sappington geo- areas are in pington proximity close restrictive unnecessarily an believe that and obtain graphically municipal most ‘community’ of the term interpretation source, services from the type same people to the render a disservice would government County. charter of Louis St. the Gravois by who have been served Emergency through services are obtained issue before Bank. Since sources police and all services in- is the by stipulation, through precinct are rendered the third is ‘community,’ it of the terpretation term Depart- the St. Louis Police County which allows interpretation an clear that An Affton ment. school district and to serve its Bank to continue the Gravois protection Affton fire exist as district will in the Sappington customers political subdivisions in No po- the area. аnd needs to the convenience contribute bearing Sap- litical subdivision the name Bank community which Gravois exists. An pington examination serve. to has served and will continue boundaries of school fire districts and protection non-legal districts as well as LAW OF CONCLUSIONS codes, postal such as zip boundaries Cath- judicial to precedents 1. The desig- olic boundaries parish and census by counsel Board has been referred places nated shows that few boundaries ‘com- legal concept indicate that coincide. This evidence the Board leads one and a broad flexible munity’ is and to conclude that each such boundaries upon depending changes shape one which
was drawn for to the reasons related ap- for which the term purposes objective purpose political of the plied. entity encompassed social therein. 2. The law under which the Commis- relating to the (g) addition evidence facility approved sioner of Finance to the common habits of banking 362.107, Bank, was for Gravois Section places as Affton designated designed to increase the сonvenience and other evidence Sappington, credible public. services to the to the disinter- presented by was Board im- Board duty is the including locally parties ested a veteran in its deci- statutory policy plement official, long-time community elected sions. County editor and a newspaper along residents businesses staff 3. The Planning Department professional bank- main surrounding the member, com- Road each of which Gravois verified Bank house of the Gravois backgrounds, traits ex- mon and concerns Bank the Gravois ist the un- site of among populating proposed the families Our standards of share sufficient of interests review are enun- clearly unincorpo- V, 18,1 constitute area a single ciated in Mo.Const. Art. Rule meaning 1978,2 rated within 100.07(b), 536.140.2, application 362.107. Section recognized equal has been stated with Gravois satisfies the crite- clarity by our courts: ria forth set RSMo. A reviewing court is not authorized therefore, Supp. Certificate weigh decision the evidence on which the No. Authority 310-A issued the Com- of an agency administrative based and operation missioner Finance for the make aрpraisal its own merits respects said in all standards, the case its own and so proper. le- ‘substitute its discretion for discretion Following the Circuit Court of gally agency,’ review vested uninhibited *4 judgment 536.140(5), County, following by contrary the mandate § not, was may entered: RSMo V.A.M.S. premium on the language, put bankers’ JUDGMENT losing to the end that party’s evidence borrowed on may different result be cause, having This been tak- previously value. The los- of its enhanced strength en day under advisement on the 15th by be ing must received party’s evidence November, 1978, again up is taken for by it placed on court at discount consideration on 18th of Decem- day this that decided the administrative tribunal ber, 1978; and the Court finds it, pal- is so against unless that discount Banking order and decision of State minds reasonable pably arbitrary that 21, 1977, Board dated is not November And in it. injustice cannot doubt the juris- or any statutory authority excess is re- ‘the court passing point on Board; of the Banking diction is State light in the quired view the evidence by competent supported substantial and decision of the tri- most to the favorable record; upon evidence whole is not bunal, decision thе benefit giving tó the law; any by is reason unauthorized not to be derived of all reasonable inferences or does not arbitrary capricisious; [sic] And, ... produced. from the evidence discretion; involve an and is abuse course, of the credi- the determination lawful, reasonable, in all proper re- a function of bility of witnesses is spects. body.’ administrative ORDERED, IT THEREFORE AD- IS v. JUDGED, Bank- AND DECREED that the or- State Community Marshfield Board, (Mo.App. der 26-27 Banking and decision of the State 21, 1977, Firemen’s 1973), Board of November be and the Edwards quoting, Louis, 410 S.W.2d hereby System costs Retirement of St. affirmed. The 1966), and: against plaintiff. (Mo.App. are 567-68 action taxed (1) provi- decisions, findings, 1. All and orders Is in of constitutional final rules violation body sions; any existing on administrative officer or authority law, by (2) which are in excess under the constitution or Is judicial private jurisdiction agency; quasi-judicial and affect (3) competent rights, by unsupported by subject and sub- shall be Is to direct review record; law; provided by upon review courts as and such evidence the whole stantial reason, (4) Is, any unauthorized shall include whether other the determination law, law; by in cases in same are authorized law, (5) procedure hearing upon required by which a Is made unlawful whether trial; by competent supported the same are a fair without (6) arbitrary, upon capricious whole or unreason- substantial evidence rec- Is able; ord. ... V, (7) of discretion.... Art. Involves an abuse Mo.Const. 18. 536.140.2, 100.07(b)is sub- RSMo Rule inquiry may 2. The to a determi- extend stantially 536.140. the same as this section of § agency nation of whether the action of the bank, potential We of the new for solven- to view record required are upon findings of effects of the new bank light cy, favorable to the most in the locali- other banks solvency wheth- Board ... and determine nature are of this ty. Obviously, unlaw- ‘facts’ er administrative action must fall discretion, they of exact capable proof, not ful, and an arbitrary, abuse prediction. area of and sub- into the educated supported competent by a They inevitably are to be determined record. upon evidence the whole stantial expertise factfinder vested a certain with Blue Ridge Bank v. State relying upon opinions experts 1974). (Mo.App. S.W.2d are based opinions field which in turn addition, is a Board Stаte area, the busi- knowledge upon a body. qualified administrative uniquely involved, ness the nature of 1978, provides: served, climate economic be Banking board —members— 361.097. business- upon by and other factors relied appointment qualifications—terms.— — precise but generally incapable men state consist of board shall proof. members who shall appointed five v. Oak Company Bank and Trust Lemay the governor, concurring. the senate No Company, and Trust ville Bank person eligible appointment shall be added). 1974) (emphasis 130 (Mo.App. be a unless he shall resident of this state. *5 decided on question to be underlying The One member shall be an at law attorney Banking Board is whether the appeal in and a member of the Missouri Bar construed properly circuit court and the good standing. Two each members shall communi- “unincorporated kind of type or least ten in years’ experience have had at they when said legislature intended ty” the this state as an or officer or director operate can that no bank maintain partly as an officer as a di- partly and “city, bank outside drive-in or morе trust rector of one state banks or communi- town or companies banking or national associa- located, bank 362.107.- in which the ty” tions, of which at least shall years five added), 2(2), Supp. (emphasis 1975 RSMo full-time, manage- have been active bank in deter- they and when further said ment The mem- experience. two other to authorize mining whether not bers shall be non-bankers. Not more Banking Board the director and the facility, than three members of shall be the board the conve- take into consideration shall political members of the same party.... nience, needs and welfare of 1978, provides, RSMo and 362.- “community area served.” § and Banking 361.093. board to advise con- Supp. 1975. We must 107.3(1), RSMo banking state board recommend. —The and intent legislature’s purpose strue with the shall advise director of finance use of these words. his proper to the administration of appeals urges, and the court Crestwood office and the laws of this state legisla- that the agree, tended apparently gener- and make recommendations to the “un- the words intended use of ture changes al as to in these laws. assembly locа- to limit the community” added.) (Emphasis geographic to definable tion of the findings requirement The Banking Board, the other on area. facilities are Banking locating Board in con- used hand, interpreted words as requirements dissimilar from the the act with other sections of nection With findings granting bank charters. locations, main the two mean that charters, our granting to the reference must share proposed facility, house and appellate has court stated: of inter- (banking) community a sufficient single unincorporated conve- Facts to be determined include the constitute est meaning of 362.- to be within the nience and needs served, probable volume of business
510 issue here only real involved achieve a harmonious interpretation of the
whether not the reason Danforth, Board Raytown v. City statutes. 560 ably correctly interpreted applied (Mo. 846, 1977); 848 S.W.2d banc v. State applicable law. 684, Kraus, (Mo. 530 S.W.2d 686-87 banc 1975); Corporation Spra ITT Canteen v. Legislative meaning intent or the 11, dling, (Mo. 1975); 526 S.W.2d 16 Flar words used by legislature is neither Twenty sheim v. Five Two Broad Thirty found in nor facts of determined 245, way (Mo. 432 Corporation, S.W.2d 251 the case under сonsideration the Court. 1968); Transport ex rel. State Smithco Legislative indepen- be intent must found Commission, Public Company v. Service 316 found, facts, dent of the having been so 6, (Mo. 1958); S.W.2d 12-13 banc South it must then applied be to the facts of the Industries, west v. Loehr Em Forest Inc. given case under consideration. Inc., ployment City, of Kansas 543 Service Legislative meaning intent 322, 1976); S.W.2d 324 ex (Mo.App. State words used in many the statute can in 47, (Mo. Barry, rel. v. 486 50 Salter S.W.2d instances found from the pur- App. 1972); Duckworth v. United States poses of the legislative enactment itself. 452 Guaranty Company, S.W.2d Fidelity & The cardinal rule construction 280, 1970). Farmer’s (Mo.App. 286 See is to ascertain the intent of lawmakers Kostman, 577 of Antonia v. S.W.2d give legislative pur- to that effect 915, 1979). (Mo.App. 923 pose. Kraus, State v. 685 (Mo. 1975); first, banc v. Twenty Flarsheim Five We used and the examine words Corporation, Two Thirty Broadway they 432 manner in which were used 1968); (Mo. Code, S.W.2d Edwards Chapter Missouri Sec- County, (Mo. provides S.W.2d 362.107.2(2), Supp. tion 1968); Riley, banc ex rel. State Schwab v. part: 1967); (Mo. banc ex State company such bank 2. No or trust *6 596, Wright Carter, rel. v. 319 S.W.2d 599 operate: may maintain (Mo. 1958). banc Clay- See Central Bank of (2) the limits ... outside 175, ton v. 509 Banking State S.W.2d unincorporat- town or city, 182 (Mo.App. 1974). banking house community in which its legislative pur
To aid in ascertaining the is located.... should, pose, possible, whenever Court (Emphasis added.) attribute to plain the words used their 1975, pro- Supp. Section 362.107.3 RSMo Kieffer, meaning. v. 590 S.W.2d Kieffer vides part: in 915, 918 (Mo. 1979); Parkway Beiser v. banc whether or determining 3. ... District, 277, (Mo. School 280 589 S.W.2d facility, for the application to approve the 1979); banc rel. Conservation ex State shall take into consideration director 208, 212 LePage, Commission 566 S.W.2d following facts: (Mo. rel. 1978); Zoological banc ex State convenience, welfare (1) The needs and City and County Park Subdistrict of the and area community of the 369, Jordan, St. Louis v. served; ... (Mo. 1975); or, meaning of the words as added.) legislature (Emphasis in other customarily used legislative Derboven v. enactments. Stock We of similar also note other references ton, 301, 1972). (Mo.App. import Banking Act. Section within Banking 361.094, 1978, requires RSMo ascertaining legislative
Another in aid in of the appeals refusals Board to hear from tent is when same or similar words are issue (commissioner) to: “1. ... in director places used different within the reloca- provide for the legislative relate to the same or certificates ... act and communities, matter, tion banks in subject similar then the statutes are of these other added.) (Emphasis be construed to ...” pari materia and should 5H county incorporated or unin- 362.010(7), states: RSMo Section “ population deter- town with a of not ‘Population’ population means as corporated five hundred and mined the last state or federal enumer- than one thousand more ation; with the or when used connection which does not have serv- fifty deter- ‘unincorporated village’ ices, words as such located provided that mined the finance commissioner miles from the not more than fifteen the best available sources of information.” main office of the bank.... added.)
(Emphasis added.) (Emphasis 362.325.7, provides Section RSMo frequently is a word that “Community” a bank relocation that before there can be sections of occurs in these new needs of the that “the convenience and us, its most that as of Code. Lexis tells to re- wherein the bank desires community community appears update, recent the word warrant justify locate are such as to thirty-one chapters in over 193 times ” the bank therein.... opening statutes, including those sections Missouri added.) (Emphasis containing above cited Code 362.030.1, relating to Section RSMo cursory A examina- community.3 the word banks, chartering requires the di- it is us that tion of these statutes convinces charter, rector, to de- granting before futility attempt but an exercise termine: “1. ... if the convenience and de- either a draw from these 193 sections justify needs of the to be served for identification of or a standard scription opening and warrant of the bank or meaning ordinary customary of an therein, company (Emphasis trust ...” add- ref- “community.” the word ed.) myriad to a erences are pur- with the being most identified types, 362.040, 1978, relating to Section RSMo they appear. in which See poses of the act notice of a new refusal certificate bank Cum.Supp. 1978and seq., 205.975et RSMo contains the “convenience and needs of the Health Cen- Mental (“Community” community to be served” test in almost Cum.Supp. 1978 and ters); ch. RSMo identical used in 362.- language “Community” Af- (Department 030.1, RSMo fairs). Cum.Supp. provides in part: Missouri statutes An examination of the or un- “unincorporated city words using any ... bank with its main vil- second, town or county
house in a third *7 sections in- lage” separate twelve may, approval fourth class with the revealed finance, establish, cluding the director of main- the above cited sections tain, words.4 containing and one those operate separate Code benefits, 288; discrimination, employment question with di- 3. The statutes in deal such ch. 99; 290, 296; 305; subjects licensing redevelopment, airports, ch. verse planned as urban ch. veterinarians, ch. 100; 340; expansion, public corporations, industrial ch. business ch. 105; employee 351; organizations, religious corporations, labor ch. ch. and charitable tax, 150; 352, 355; stations, 389; merchant’s and manufacturer’s education, ch. ch. land- ch. railroad 162; programs, law, 441; ch. student loan ch. of child lord-tenant custody ch. the award 173; education, proceedings, marriage vocational ch. 178 sheltered dissolution 178; libraries, 181; workshops, 452; bail, 544; parole, ch. ch. war All ch. and ch. 549. ch. statutory memorials, 184; ch. the Missouri Commission Revised Statutes references are to the Women, 186; public Missouri, on the Status of сh. water districts, 192; community and sewer ch. mental 1978; 72.080, centers, 71.090, 205; Housing RSMo § health Development ch. the Missouri 4. See RSMo § 1978; 80.020, 1978; 72.090, Commission, 215; Depart- RSMo RSMo § ch. § 1978; 231.360, 1978; 231.340, Affairs, 251; Community RSMo RSMo § ment of ch. the Divi- § 1978; 249.440, 1978; 231.400, Development, RSMo RSMo § sion of and § Commerce Industrial 1978; 362.050, 1978; 255; 362.010(7), Interagency RSMo § ch. for § Council Outdoor 362.108.1, 1978; Cum.Supp. Recreation, 258; RSMo § ch. Environmental Im- RSMo 362.115, 260; 1980; provement Authority, unemployment RSMo 1978. § ch. 512
Upon of this examination of stat mean “all group unincorporated areas of the coun- utes words using unincorporated city, 66.620.2, RSMo ty.” Cum.Supp.1980 § town, or we do find village, emerging from 66.300, Tax). See (County § RSMo Sales concept them a or and general meaning Tax); 1978 License 66.- (County Utilities § certain characteristics. These char 320.2, Motor (County Vehicle 1978 RSMo best probably acteristics are summarized 66.350.2, (Coun- License Tax); RSMo § 72.080, RSMo1978, which described § ty Cigarette Tax). municipal for provision incorporation makes “community” would An unincorporated areas. The unincorporated statute con in be- something be reasonably seem to “town,” templates pop a or known “city” a (the area” re- tween “unincorporated an ulation, assessed valuation of necessary maining county) unincorporated to func property, potential ability or “city” and an “town” unincorporated tion municipality a furnish normal becoming for which potential has all of the Incorpo services. In Petition to municipal town. incorporated city an or rate City Duquesne, S.W.2d (Mo. 1959), this Court defined the words the words “unincor- The Bank Code uses “city” or “town” as used in this statute “community and area porated community,” “compact mean a center of population, served,” unincorporated or “incorporated might include, to the extent a sub proper, town,” village,” “the com- “unincorporated having unity urban area a of interest there community,” “commu- munity,” “town and added). (emphasis with.” 322 at 863 S.W.2d served,” communities.” nity to “other words, the same In conjunction with these may statutes that use this as, locali- “in such concept following include the statutes. statutes words such use 362.108, Cum.Supp. Section RSMo ty” locality.” and “in the operate separate which allows a bank to Code, the legislature second, in the smaller third banking facility out for the clearly spelled or “incorporated fourth class counties in an enunciated and for or with Board a test unincorporated population town director and the bank, 362.030, hundred not more than one thousand five for incorporation new § of a ” 362.115.1, and fifty.... bank, RSMo of a 362.- authorizing § the relocation have fiduciary allows a bank to of a the location authorizing if powers company of a trust the bank has 362.107.3(1), drive-in facility, bank capital fifty of at least thousand “paid-up facility in the smaller operation of a incorporat- any unincorporated dollars in counties, second, class fourth third and having population of less city Bank of Farmer’s stated in 362.108.2. As ” than ten thousand inhabitants .... Sec- Kostman, Antonia v. 362.050.1, tion capital creates persistent (Mo.App.1979), “[i]t requirements of: banking laws that a cogent of these theme (1) place thousand Fifty dollars if charter, reloca new bank whether entry, is to be where its business transacted the convenience tion or shall serve incorporated village community....” needs of does not population town the *8 community” and needs “convenience inhabitants; exceed five thousand balancing involves is a which business test (2) thousand dollars if the Seventy-five satiating the economic public the interest in place where its business to be transact- through the banking services demand for or unincorporated is an equal against promotion competition of which exceeds population town the avoiding in un important interest ly public but does exceed ten five thousand not safe Farmer’s banking practices. thousand inhabitants.... 915, Kostman, 923 577 S.W.2d Antonia v. added.) (Emphasis of Belton v. (Mo.App.1979); Bank State 451, (Mo. Board, 456 Banking are 554 S.W.2d “unincorporated area” The words Banking v. App.1977); Glasnapp State used the statutes to frequency with some
513 568, 1, Board, 382, (Mo.App. H.B. Assembly, § 387-88 The 70th General 545 S.W.2d 1959, 1, authorizing p. in first of Mo. Bank of v. Laws Clayton Central State 1976); pur facilities stated that drive-in bank Board, 175, Banking 509 181-85 S.W.2d banking institutions pose permit was to Ridge Blue Bank v. State (Mo.App.1974); for banking service convenient “provide Board, 763, Banking 509 767-68 S.W.2d who must large proportion of Kansas (Mo.App.1974); Suburban Bank See to their banks automobile.” come Bank, 330 City County v. Jackson State Belton, 451, (Mo. 455 Bank of S.W.2d 183, test (Mo.App.1959). This contin That has purpose App.1977). banking insures the of a existence balanced and ex development throughout ued structure; ex market the test avoids the laws.5 pansion banking facility cess on the and the monopoly one hand making banking con purpose cut-throat on the instability competition mandated public and the venient other. of the com and needs test of “convenience The legislature in the of terms clearest abundantly it clear munity” make purpose authorizing has its enunciated words “unin legislature used the when the historically drive-in bank facilities. Banks “community and corporated community”, were the com- very located heart of served”, “community to be area to be during mercial downtown where banking served”, com had in mind “a they major century parking has become both a geographic opposed to a fixed munity” with the expensive problem public. entirely This is consistent area. 568, bill, population original banking facility county H.B. in a town that had 1959, 1959, 1; 362.107, p. 1,550 banking exceeding § Laws Mo. RSMo have which did not only powers allowed the drive-in facilities which more than ten services and was not checks, pay deposits, receive аnd withdraw the bank. miles from change. generally and make It a bank allowed 1975-76, 1198, 731; p. Laws of Mo. H.B. facility. one drive-in bank It did not allow 1976, 362.108, Supp. changed § RSMo 362.- § facility a drive-in to be than 1000 located more facility operation separate 108 to allow the of a yards company’s from the bank or main trust third, second, in a or fourth class if the bank is county banking house. It did not the drive-in allow facility located in an “in- town, facility city, “outside the limits of corporated town” in that unincorporated community in which 1,550 county population with a or less which banking generally house is located.” Id. It banking and which was did not have services facility did the drive-in not allow to be closer banking than 15 the main not more miles from any banking than 400 feet from other main operating un- It house. also allowed facilities required approval house. It also der to make loans. § 362.107 362.108 § (director) Commissioner of Finance facility before a 623; 362.107, 794, 1978,p. Laws of § S.B. Mo. operation. put could be into 1978, making formally of loans RSMo lists 146, 349; 1971-72, p. S.B. Laws of Mo. banking express power facil- as an of a drive-in 362.107, 1971, Supp. RSMo § increased the ity operating § under 362.107. powers facility of а drive-in them to to allow 1071, 1980, 405; p. § Laws Mo. 362.- H.B. orders, exchange, money make issue bank 1980, right 107, Supp. expands the RSMo Cum. payments. receive It loan also increased concerning over the actions of review director’s banking facility distance that a could be located facility operation of a under 362.107 § bank yards banking main house from 1000 right by allowing competitor bank the of a yards. to 4000 oper 973; 1971-72, granting application to p. contest the of an H.B. Laws of Mo. codify Supp. banking facility, increased the in effect § ate a drive-in Board, have number of from facilities a bank could 554 S.W.2d v. State Belton prohibited operation one to two. (Mo.App.1977) and Bank of Crestwood facility county drive-in bank outside the (Mo.App. State main office is located 1071; 362.108.2-.3, 1977). RSMo Cum. H.B. completely requirement eliminated right provides Supp. and a criteria drive-in could no more than concerning over the director’s decision review yards from the bank. operation of a under 362.- bank 1971-72, 975; p. H.B. Laws of Mo. codifying Bank of Anto Farmer’s effect *9 1973, Supp. RSMo a bank § allowed Kostman, (Mo.App. 915 nia v. 577 S.W.2d banking with its main located in a third hоuse 1979). county exceeding population class 35,000 with a not operate separate facility that a in 514 BARDGETT,
limitation of a locating facility J., MORGAN, “outside C. J., limits of town or city, village or dissent and concur in separate dissenting unincorporated in community” which RENDLEN, opinion of J. is
main bank 362.107.2(2), located. RSMo RENDLEN, Judge, dissenting. Supp. (emphasis added). It is equally I respectfully present- issue dissent. The granted consistent with the power in 362.- (Gravois) ed is whether Gravois Bank Cum.Supp. that in the smaller, its second, third, proposed facility are located and fourth class “unincorporated required as community” a may separate counties bank locate a facil- and the facili- Sec. 362.107.1 Gravois Bank as much ity as miles from the bank in in are an ty site for which it approval seeks either or unincorporated unincorporated section of south St. Louis without town banking facilities and not bank, Heege County. The at a located having population 1,550. of more than roads, as Gravois is in an known Aff- The Banking Board’s conclusions of law ton, approximate- while the lies facility site entirely compatible are with the intent of the west ly four аnd one-half at miles the legislature as in reflected the statutes 11659-85 Road in an area generally Gravois and viewed in recognized terms of rules of to as Crestwood Sappington. referred statutory construction. We find no abuse challenges this (Crestwood), ap- which of the State Banking power Board’s or dis plication, is located one and one-half about in cretion applying law to the facts facility. proposed miles from the before the Board. There is substantial and question law We are confronted competent with evidence support the finding phrase meaning statutory as to single unincorporated community ex in found Sec- community” “unincorporated under ists these Washington facts. Com tion branch bank- prohibits 362.107 which Bollwerk, mercial Bank v. adjuncts ing, as except it allows facilities (Mo.App.1979); Clay Bank of Central pro- banking main That Section house. Board, ton v. State Banking S.W.2d vides that no bank maintain may “[m]ore 188-90 (Mo.App.1974); Marshfield Commu 362.107.2(1), ...,”§ than two such facilities Bank v. nity State Court of St. approved authority for the 11659-85 Gravois Road. We affirm order of Department 17, 26-27 (Mo.App.1973). operation (No. grаnting 310-A) State judgment of a Finance Gravois Bank County, banking the Director of which affirmed certificate of Board which the Circuit at limits of the [1] which [4] banking house [2] limitation ed) tion “outside the located, unincorporated community town, Subsection 2(2) may contains a further [3] even preventing not be county which village or if 362.107.2(2).2 That subsec- city, located.” the limits established [2] location town, [4] (Emphasis unincorporated the bank ... [3] geographical such aof “outside the village or [1] facility add- city, its lines... county extend ”. across DONNELLY, SEILER, HIGGINS, 362.107.2(3)pro- added) (Emphasis JJ., concur. vides limitation geographic an additional RENDLEN, J., separate dissents in dis- of a restricting the establishment senting opinion (other than filed. not be may it located 1. All are to house nor outside references RSMo 1978. is located Although proceedings began company’s county these in which trust the bank or statutory provisions relevant changed been located, have not limits house is if the even hearing. since the date of the town, city, village such com- lines, except munity county extend across 367.107.2(2) provides 2. Section bank or no law; (Emphasis provided by otherwise ...” company may operate trust cility “a maintain fa- added). city, outside the limits of town or unincorporated community in which *10 Sappingtоn of an Affton and The exceptions) named feet the areas. within 400 existing Notwithstanding competitor bank. relative of the two locations proximity evincing the clear accounts closely this drawn statute and the number of substantial branch bank- legislative prevent upon intent to who have relied representing people Board, move ing, thinly the in a veiled services in the Gravois Bank for branch destroy against the restrictions Board to Sappington the area lead the (an error banking, erroneously interpreted restrictive unnecessarily believe that an majority), the now the compounded by ‘community’ interpretation of the term community” “unincorporated words people would a disservice to render 362.107.2(2) “banking communi- mean by the Gravois who have been served proposed facility site ty.” then found the before the only Bank. issue Since community” “banking was within the in- stipulation, by was where the main Bank located. Gravois ‘community,’ isit terpretation of the term misinterpretation statutory This of that which allows interpretation clear that an phrase following findings appears to serve its Bank to cоntinue Gravois fact conclusions of the Board: area will Sappington customers in the “ Findings ... of Fact .. . needs contribute to convenience
“(d) Bank chartered Gravois was Bank community Gravois directors, its four Of nine initial to serve. has and will continue served came the Sappington area. From LAWOF “CONCLUSIONS incorporation, after the time of Gra- to which judicial precedents “1. The vois Bank was the bank located on has been referred counsel the Board Gravois Road between Grand Avenue in concept of ‘com- legal indicate that City City St. Louis and the one flexible munity’ is a broad and Fenton, Meramec located south of the upon changes shape depending one which organization, River. From time of its ap- term purposes which the many farming families and mer- plied. along chants in the area Road in Gravois “2. law which the Commis- under County patronized St. Louis bank. approved sioner of Finance The evidence the Board presented to Bank, was Gravois Section per- shows that substantial numbers designed to increase the convenience sons in the areas of Aff- general publiс. It banking services to the ton and Road Sappington along Gravois to im- Board duty is the deposit maintain and loan accounts at the in its policy deci- plement statutory sub- Gravois Bank. These are accounts sions. stantially greater in amount than dollar along “3. residents and businesses accounts maintained with Gravois Bank surrounding the main bank- Gravois Road which is Lemay residents Bank ing house of Gravois geographically much closer Gravois of the Gravois Bank facility site proposed its The bank- existing facility. interests share sufficient the Affton habits the residents of single unincorpo- constitute that area the exist- Sappington suggest areas meaning of community within the rated banking pur- ence of a community for ” sup- (Emphasis 362.107.... poses. ... plied).3 incor- “(h) The Bank of was Crestwood “unincor- term Examining forty porated years in 1958. For over Missouri I find no bank, community,” porated of that prior incorporation to the and decisions construing phrase, had served the Gravois cases Gravois Bank from different jurisdictions stem including both of other Road “banking meeting reinforce conclusion sions At Board delivered in which the decision, community” gаve utilized his the standard each Board member expres- Board. for his These oral reasons decision. *11 516 However, intended,
statutory
legislature
schemes.4
were
ty”
reasons
the
would
discussed,
now
I believe the statutory limi-
used the
“unincorpo-
have
term instead of
placement
prohibiting
tations
of a facility
community”.
legislature,
rated
The
outside the
[1]
city,
[2]
town,
[3]
village
course,
did not
so
do
realizing
that if
“bank-
[4]
unincorporated community in which
community”
was to be the
standard,
located,
banking
main
house is
are location-
flung
boundaries could be as far
as the area
denoting geographic
al limitations
any
bounda-
in which
customers could
bank’s
legislature
addition,
ries. The
absolutely
has
In
county.
re- be found
placement
stricted
a
to an area
seriatim
type community appearing
fourth
[1]
within
bounds of the
county,
and,
with the three
first
named
is
clearly
intend-
further
[2]
within the bounds of a
municipal
to
complement
and round
out the
series
town,
(city,
village)
subdivision
or if in
an of which it is a
The familiar rule
part.
(of
unincorporated portion of
county,
ejusdem
then
same
generis
construction
community having
kind,
by major-
within a
an
nature), ignored
identifiable
class or
suggеsts
area whose
characteristics
that in a
helpful
re-
ity,
here.
semble those of a
classes fol-
municipality.
particular
enumerating
statute
justify
“banking community”
ty
a
erroneously
statute’s sentence
ty
it is a
this obvious
corporated
ties,
fall in the same
teristics common
by
meaning foreign
The
[4]
and,
have in effect
incorporated or
part.
entities,
legislature
cutting
community”.
isolated
legislative
[1]
board and
category,
it from its
to
artificially assigned
city,
to
the fourth named enti-
otherwise,
such bodies. Ignoring
substituted
locations for a facility
the sentence which
surgery,
community, approved
for the
[2]
pattern,
In its effort
town,
i.
now the
e., municipali-
words “unin-
place
with charac-
the board
[3]
majority
majori-
village
word
to it
the doctrine’s application.
provides
instance,
tion. While the rule is
ing are
lowed
403
possible
consistent to the class
term
outside
See,
lowing enumerated
ified.
will be considered
(Mo.1974).
Black’s Law
is a
by general
See,
not to
sense nor
an aid
foreign
part,
State v.
general
statute
be
to construction
Hence,
but
terms.
to the series
applicable
construed
Dictionary,
words of
character
Lancaster,
instead
as a
of which
selecting meaning
not an
The
whole supports
specific mean-
in the loosest
general
as
in a manner
of which the
Fourth Edi-
it is
absolute,
and in this
506
a
those
words fol-
to
a
things
terms
spec-
part.
it
sum,
362.107.2(2)
lip service to the
restricts
pays
pari
doctrine
mate-
subsection
ria, but then does
to that tenet
which facilities
geographical
violence
area in
located,
blandly ignoring
remaining portion
of entities in
may
types
be
to four
“municipalities”,
phrase
general category
sentence
which the
plucked.
geo-
limiting
to read
boundaries
majority
purpose
refuses
the with a
“municipalities”. The
serially arranged
four
on
graphically
limitations
branch
such
banking
362.107.2(2),
“pari
municipal-
such
and boundaries of
existence
custom,
banking
“banking
materia”.
If the
quite
term
communi-
ities are
unrelated
absolute,
Respondents
rely particularly upon Upper
judice
in the case sub
and are
12,
Darby
banking
Myers,
subject
National Bank
Pa.
124
basis of
v.
386
to discretion on the
(1956).
A.2d 116
words “other com
need and convenience or similar
insti
There the
munity”
Bank
were not
restrictive sеnse
tution
National
used
considerations. Citizens
372,
Commonwealth,
but within the
v.
535
framework of need for
214 Va.
S.E.2d
cited,
(1973),
Upper Darby,
That
services.
case is
to the decision in
also
similar
is similar
Savings
Clayton
supra.
nearly
point
Bank of
Central
v. State
More
is Union
Missouri,
Saxon,
(D.C.
of Patchogue
(Mo.App.
F.2d
Board
1974),
Cir.1964),
limiting
interpreted
“community
holding
that a restriction
city
village, including
area”
an
convenience and need standard under
branch banks to
“unincorporated village,”
Subsection 3 of
the tests
was not met
§ 362.107. While
territory
require
discretionary
having
requisite
popula
Subsection 3
determina
considerations,
lacking
upon banking
but
tion based
tion to be
as a
village.
restrictions of Subsection 2 of 362.107 control
the characteristics of a
notwithstanding
majority’s arbitrary
it. Laws
H.B.
2. The dis-
Sec.
lifting
4,000
of the term from context. The stat
tance
was increased
restriction
should not
so
amended.
judicially
ute
Laws
eliminated.
yards
eventually
not the
Banking patterns are
basis
1971-72,
p.
p.
H.B.
S.B.
*12
geographic
of existence or
identification
but
limitation
removing the “distance”
By
town,
unincorpo
city,
village
limits of a
or
restriction,
“municipality”
the
continuing
sum, I
the
community.
In
submit
rаted
suffi-
considered the latter
legislature
the
banking facility
that a
legislature intended
to obviate
territorially restrictive
ciently
the
placed only
municipality
could be
banking.
dangers of branch
perceived
the
parent bank
located and
where the
un-
phrase
the
of the
Finally,
positioning
necessarily
the
“municipality”
such
includes
2 of
community
subsection
incorporated
named
set forth in the stat
entity
fourth
367.107.2(2)
sub-
(§
rather than
the statute
unincorpo
That the term
ute’s sentence.
3)
analysis.
to
significant
section
must be viewed in the
community
rated
geographic
with other absolute
is located
manner,
qualify
facility
same
and to
as a
2,
dis-
not in the
prohibitions
subsection
location must be in an
site the
established
sections
subsection
cretionary review
municipal
with traditional
char
facility
for
can
application
and before an
a
(except
acteristics
formal
incorporation),
geo-
first
it must
meet
the
approved,
be
having geographically identifiable
limits.
Only
requirements of subsection 2.
graphic
Obviously such an
will
entity
not have
geo-
muster
passed
after it has
as to the
precision
of boundaries found in a
requirement may
graphic limitations
above,
town or
but as
city,
village,
noted
qualities
applica-
consider
of the
board
by
those limits are determined
geographical
With-
tion under the terms of subsection 3.
unincorpo
considerations which mark the
as to
testing
geograph-
out
question
a community
rated area as
a city,
similar to
not
ic limitations
subsection 2 do
under
village,
See,
town or
banking patterns.
banking
require application of
board’s
Petition to
Du
Incorporate
City of
contrast,
3, coming
In
subsection
expertise.
quesne,
(Mo.1959),
and State
to
application
after
is found
Pickle,
play
into
City
ex rel.
Perryville
for
(Mo.
1978),
under
does call
qualify
S.W.2d 905
subsection
banc
guidelines
banking
to
That
city,
principals.
as
what
a
consideration of
constitutes
village.
town or
of fi-
provides
subsection
that the director
Board)
(on
determine
appeal
nance
shall
statutory
presents
theme
a ban on
needs and welfare of
the convenience
banking
narrowly
branch
with
drawn ex-
“community
and area" served.
ceptions
banking
created to allow
service
Assembly
there
indi-
But even
the General
persons coming by
automobile. The
dif-
served was
cates that
Assembly recognized
phys-
General
that the
served which reinforc-
ferent than the area
banking
ical location
established
houses
analysis
subsection 2 refers to
my
es
that
in many
prevented develop-
communities
communities,
character,
municipal in
while
facility
of an
or
ment
automobile
attached
subsection
refers to
areas.5
See,
adjacent
to the main
house.
addition,
interpretation, adopt-
the Board’s
Laws,
H.B.
Purpose
Sec.
majority, virtually
now
removes
ed
Clearly
was to
legislative
Act.
intent
by a
facility
the limitations on
location
to
limit
creation of such facilities and
as
house lies
bank such Gravois whose main
them to
proximate
restrict
an area closely
area,
but the restric-
bank.
act
both
in an
original
imposed
town,
as
nearby
restriction of
unin-
remain on a
bank such
city,
or
tions
1,000
in a
happens
and a
lim-
be located
corporated community
yard
Crestwood
interesting
ap-
facility
size
which a
It is also
that Section 362.108
on the
“town” in
can
second,
indicating
plicable
usage
cоun-
a
third
fourth class
located
unincorporated entity
there too
phrase “incorporated
equated
nearly
unin-
ties utilizes
as
entity.
corporated
places
population
possible
town”
limit
with
a
(town
I do
city
village).
disputed,
not believe the which is
involving
only determi-
envisioned such
disparity
scheme
nation of the limits of an unincorporated
solely upon
physical
treatment based
community, which as noted above does not
location of the main bank.
If we are to
call for an exercise of the board’s banking
suggest-
remake the statute in the manner
Therefore,
expertise.
appropriate
it is
majority,
we should be
consistent
now determine whether the bank and pro-
language
and construe the
the sentence
posed
are in
“unincorpo-
the same
to read:
community.”
rated
company may
No bank
trust
maintain
A
review of the evidence reveals
operate
outside the limits of
Sappington
sepa-
Affton and
evolved
[banking]
[banking]
town or
city,
[bank-
rate
the Macken-
large holdings
of land
*13
ing] village
unincorporated [banking]
Sappington
zie and
families. The Macken-
in which its
house is
holdings
zie
were in the Affton area—
located, nor
county
outside the
which
;
Sap-
Mackenzie and Gravois Roads —
company’s banking
bank
trust
Sappington
area—
pington holdings
located,
house is
even if the limits of such
These
Sappington and Gravois Roads.
town,
[banking] city, [banking]
[banking]
gar-
into truck
holdings eventually devolved
village or unincorporated [banking] com-
dens,
develop-
finally
and
into residential
munity
county
extend across
lines.
ment. The area around Gravois—Macken-
For these reasons I would hold that
(later
Town
zie became known as Aff’s
Board erred in its determination that
the Affton)
merchant who maintained a
after
phrase “unincorporated
means
community”
office
miles to the west
post
there. Several
“banking community”
geo-
rather
than a
Sappington
be-
the area around
—Gravois
graphical entity bearing the characteristics
Sappington
known
and included
came
city,
of a
town or village.
Wohlschlaeger’s
Each
post office in
Store.
Had
the exercise of
required
the decision
1930’s,
area.
In the
had a small commercial
discretion,
propеr
broad
course would be
incorporated
shortly
and
Affton became
to remand for
536.-
proceedings,
further
disincorporated.
incorporat-
thereafter
140.5; however,
here the agency
when as
limits
began
city
ed limits on the east
at
misapplication
action involves
of the
Louis,
west to slightly
and extended
facts,
law
of the case is
posture
to the
both
west of
and were located
Mackenzie
weigh
such that we
the evidence and
may
They
Road.
did
north and south of Gravois
determine the facts
In so do-
accordingly.
Gravois
not reach even to Gravois Creek.
give
weight
this Court should
due
to the
a natu-
plain
Creek and its flood
constitute
opportunity
agency
of the
to observe the
the Aff-
barrier between
ral
traditional
appropriate,
witnesses and in
far as
so
This
area.
Sappington
ton area and the
expertise
experience.
agency’s
Sec.
Missouri Pacific
is reinforced
barrier
536.140.3;
Scientology
Missouri Church of
par-
and Grant Road
railroad tracks
Commission,
State Tax
Immediately to the west of
allel the creek.
dismissed,
(Mo.
1977), appeal
banc
439 U.S.
abutting
Fаrm
lie Grant’s
those barriers
(1978).
Affton is a more established area I would clearly
limits more defined. find limits beyond
those western do not reach proposed
Gravois Creek. limits.
within those COMPANY, The BOESE-HILBURN I have not overlooked the evidence Appellant, similarity social and economic two through- similarity areas. is common Such areas
out COMPANY, DEAN MACHINERY County probably Louis most Respondent. any Nor have I reliance placed counties. 30990. No. WD school, fire, upon political, po- various Appeals, Missouri Court lice, which in and church boundaries some District. Western both in others do cases include areas and respect I with the agree not. that 30, 1981. March evidence finding Board’s leads “[t]his As Modified Motion Own On Court’s of such to conclude that each the Board 4, 1981. May for reasons related boundaries drawn Denied Application for Transfer objective political purpose June I entity therein.” encompassed social all reject also Gravois’ contention single unin- County is a
southern St. does community. The evidence
corporated County into the parts incor- of northern Jefferson The record reflects that a movement support. City County porate of Meramec for lack died much south St. Louis