Bank of Crestwood v. State Banking Bd., s. 38037
| Decision Date | 28 June 1977 |
| Docket Number | Nos. 38037,38579,s. 38037 |
| Citation | 554 S.W.2d 519 |
| Parties | BANK OF CRESTWOOD, Plaintiff-Appellant, v. STATE BANKING BOARD of the State of Missouri, and, Gravois Bank, a Missouri Banking Corporation, Defendants-Respondents. . Louis District, Division Three |
| Court | Missouri Court of Appeals |
Fortis M. Lawder, Clayton, for plaintiff-appellant.
Irven L. Friedhoff, Jefferson City, for State Banking Board.
J. Anthony Dill, St. Louis, for Gravois Bank.
Two cases have been consolidated on appeal. Each case involves the same parties and turns upon the same facts. Upon application pursuant to § 362.107 RSMo. Supp. 1975, the Commissioner of Finance 1 of Missouri had issued Gravois Bank a certificate of authority to operate and maintain a separate drive-in and walk-up banking facility on Gravois Road in St. Louis County. The Bank of Crestwood opposing the issuance of the certificate then filed an appeal with the State Banking Board. This appeal was dismissed by the board without a hearing. The Bank of Crestwood then filed a two-count petition in the circuit court seeking in Count I a judicial review of the decision of the board and in Count II, in the alternative, direct court review of the commissioner's decision. A motion to dismiss in the trial court was sustained. Soon after the notice of appeal had been filed in this proceeding from the action of the circuit court in dismissing the petition, the defendant Gravois Bank filed an application with the Commissioner of Finance to change the address of its facility authorized by the prior certificate from one address on Gravois to another within a few doors of the location which had been approved. This prior certificate was revoked and a new certificate of authority was issued by the commissioner authorizing Gravois Bank to maintain and operate the facility at the changed address. A like appeal was taken to the State Banking Board. This appeal was also dismissed and the Bank of Crestwood again filed a petition in two counts in the Circuit Court of St. Louis County seeking the same relief as in the first proceeding. Both petitions alleged the facts concerning the issuance of the certificates; the second petition alleged revocation of the first certificate; the petitions set forth the refusal of the State Banking Board to consider the appeals and both sought the same relief in the circuit court. Because of the revocation of the certificate in Cause 38037, the issues therein are moot. But because the issues raised in the first appeal are the same as those in No. 38579 and petitioner has preserved all the steps necessary to take its appeal in each case, our resolution of these issues although applicable to No. 38579 would be equally applicable to No. 38037 if the certificate issued by the commissioner in that case had not been revoked. Because of the proximity of the two locations, the evidence submitted in both proceedings would in all probability have a bearing on the validity of the last certificate issued.
The facts couched in the pleadings upon which the trial court made its decision to dismiss the petitions are here briefly stated. The Bank of Crestwood is a state banking corporation with its principal office and place of business in the City of Crestwood, St. Louis County, Missouri. The defendant Gravois Bank is also a state banking corporation with its principal office and place of business located at 8301 Gravois Road in an unincorporated area known as Affton, St. Louis County, Missouri. The certificate of authority was issued for a separate banking facility for the Gravois Bank and this facility is located approximately 1.6 miles from the principal office of the Bank of Crestwood. The Bank of Crestwood alleged that its primary banking and service area included the location of the new facility and as a result of its location near it, the Bank of Crestwood would be adversely affected, seriously injured and its legal rights, duties and privileges would be prejudiced by the granting of the certificate in the operation of the facility at this location. It was further alleged that the facility at this location would cause the Bank of Crestwood to lose existing and potential customers. Its banking business would be reduced...
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Bank of Crestwood v. Gravois Bank
...miles north of the proposed facility site. The standing of Crestwood in this action was established in Bank of Crestwood v. State Banking Board, 554 S.W.2d 519 (Mo.App. 1977), where it was ordered that the Banking Board conduct a hearing. Following the hearing, the Banking Board issued find......
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...was reached, however, before Bank of Belton v. State Banking Board, 554 S.W.2d 451 (Mo.App.1977) and Bank of Crestwood v. State Banking Board, 554 S.W.2d 519 (Mo.App.1977) which hold (Bank of Belton, supra, l.c. The economic interest (a competitor bank) seeks to protect against the administ......