Narrative Opinion Summary
In a matter concerning the relocation of a savings and loan association branch in Milwaukee, the court evaluated the application of Wisconsin statute sec. 215.03(8). The statute differentiates the procedural requirements for relocations based on distance, with moves not exceeding one mile subject to less stringent requirements than those over one mile. The primary issue raised by Mutual was an alleged unlawful delegation of legislative authority due to the absence of explicit standards for short-distance relocations. However, the court reaffirmed that the statutory distance criterion suffices as the sole standard for such decisions. The court also addressed procedural claims, noting that Mutual's objections regarding the hearing process were not considered due to their absence in the trial court proceedings. The court emphasized that its review was confined to legal questions and confirmed the commissioner's authority under the statute, ultimately affirming the relocation. This decision underscores the legislative intent and statutory framework governing the relocation of financial institution branches within specified distances, maintaining that any broader concerns should be directed to the legislature.
Legal Issues Addressed
Delegation of Legislative Authoritysubscribe to see similar legal issues
Application: The court rejected the argument that the statute results in an unlawful delegation of legislative authority due to the absence of explicit standards for relocations under one mile.
Reasoning: Mutual contends that this interpretation results in an unlawful delegation of legislative authority for relocations under one mile due to the absence of explicit standards.
Judicial Review Limitationssubscribe to see similar legal issues
Application: The court limited its review to legal questions and determined that the relocation met statutory requirements, thus affirming the judgment.
Reasoning: The court affirms that the relocation to an adjoining building meets all statutory requirements, leading to the affirmation of the judgment.
Procedural Requirements for Relocation Applicationssubscribe to see similar legal issues
Application: Relocations exceeding one mile require a public hearing and a determination of need and lack of undue harm, while shorter relocations do not.
Reasoning: Proposed relocations exceeding one mile necessitate a determination by the commissioner regarding both need and lack of adverse effects on local competition.
Relocation of Branch Offices under Wisconsin Statute Section 215.03(8)subscribe to see similar legal issues
Application: The court held that relocations under one mile do not require a public hearing or findings of need or harm, as the only standard is the distance.
Reasoning: For relocations under one mile, the commissioner has discretionary authority to approve or deny the application without the need for a public hearing or a finding of need or harm to nearby associations.