410 Pa. 298 | Pa. | 1963
Lead Opinion
Opinion by
The Department of Banking, acting through the Secretary of Banking, disapproved
On appeal from an Order disapproving an application for a branch bank where, as here, the statute does not provide that the Department’s decision shall be final, conclusive, or otherwise non-appealable, our power to review is on broad certiorari: Philadelphia Saving Fund Society v. Myers, 406 Pa. 438, 439-440, 179 A. 2d 209; Dauphin Deposit Trust Co. v. Myers, 401 Pa. 230, 235-236, 164 A. 2d 86; Philadelphia Saving Fund Society v. Banking Board, 383 Pa. 253, 256, 118 A. 2d 561; Delaware County National Bank v. Campbell, 378 Pa. 311, 316-317, 327-328, 106 A. 2d 416. As we said in Philadelphia Saving Fund Society v. Myers, supra, at page 440: “Upon review of such an appeal the Court considers the entire record, including all of the testimony, [citing all the above mentioned cases].”
“Should the department find, after the investigation above provided for, that the institution has not met the requirements of this section governing the application for the establishment of a branch or should it find that there is not a need for banking services or facilities such as are contemplated by the establishment of such branch
In Philadelphia Saving Fund Society v. Myers, supra, the Court further said (p. 441) : “‘A decision of the Department of Banking or of the Banking Board will be sustained unless it is based upon facts or conclusions which are not adequately supported by the evidence, or it committed a clear abuse of discretion, or exceeded its power, or based its decision, conclusion or Order on an erroneous interpretation of the law: Delaware County National Bank v. Campbell, 378 Pa. 311, 106 A. 2d 416; Cumberland Valley Savings and Loan Association v. Myers, 396 Pa. 331, 153 A. 2d 466; Dauphin Deposit Trust Company v. Myers, 388 Pa. 444, 130 A. 2d 686; Philadelphia Saving Fund Society v. Banking Board of Pennsylvania, 383 Pa. 253, 118 A. 2d 561.’ Dauphin Deposit Trust Company v. Myers, 401 Pa. 230, 236, 164 A. 2d 86.”
We believe that the conclusion of the Secretary of Banking — viz., that there was no substantial or significant change of circumstances since the Banking Board rejected, two years prior thereto, an application for a branch at a location which was three-fourths of a mile away — was based upon a misconception of the meaning of the aforesaid statutory language, viz., “The decision of the Banking Board shall be binding upon the department.”
The case is remanded to the Department of Banking with directions that a rehearing be held and the application be reconsidered in the light of this Opinion.
The Chief Examiner recommended that the application for this branch bank be approved; however, the report and recommendations of the Chief Examiner are only advisory and the decision of the Secretary of Banking is the decision of the Department of Banking. Blairsville National Bank v. Myers, 409 Pa. 526. 187 A. 2d 655.
Act of May 15, 1933, P. L. 624.
Italics throughout, ours.
Dissenting Opinion
Dissenting Opinion by
I disagree with the majority’s interpretation of Section 204.1 B. I would hold that the decision of the Banking Board is binding and relevant only with regard to the particular application under consideration at the time the decision is made. Hence, subsequent applications should be viewed de novo by the Department applying the statutory standards for approval or disapproval thereof.
However, accepting the majority’s interpretation of Section 204.1 B, I fail to understand the disposition made of this case. In disapproving the application, the Department applied the majority’s interpretation of Section 204.1 B and there is adequate support in the record for its view that there was “no substantial or significant change of circumstances” since the prior application. On what basis then does the majority conclude that the Department was influenced by a different interpretation of Section 204.1 B than the one they purported to follow? If the majority’s interpretation of Section 204.1 B is correct, this appeal must be af
I dissent.