Appeal from order of Building and Loan Board, in case of Franklin Federal Savings & Loan Association of Pittsburgh v. G. Allen Patterson, chairman of Building and Loan Board of Commonwealth of Pennsylvania, and Homewood Savings & Loan Association.
Harold H. Goldman, for appellant.
William M. Steinbach, Assistant Attorney General, with him Frederic G. Antoun, Deputy Attorney General, and Walter E. Alessandroni, Attorney General, for board, appellee.
William H. Markus, with him Carmen R. Capone, for association, appellee.
Bell, C. J., Musmanno, Jones, Cohen, Eagen, O'Brien and Roberts, JJ. Opinion by Mr. Chief Justice Bell. Mr. Justice Cohen concurs in the result.
On December 8, 1964, Homewood Savings and Loan Association*fn* filed an application with the Pennsylvania Department of Banking for authority to establish a branch office at 5857 Forbes Avenue, Pittsburgh, Pennsylvania. On February 2, 1965, the Department approved the application. A protest was filed by Franklin Federal Savings and Loan Association,*fn** appellant herein, whose principal office is located at 5818 Forbes Avenue, almost directly across the street from Homewood's proposed branch office.
A hearing was held before the Building and Loan Board on April 29, 1965. On October 20, 1965, the Board filed an adjudication with findings of fact, discussions and reasons for adjudication, and conclusions of law and order. The Board's Order affirmed the action of the Department of Banking which, we repeat,
approved the application of Homewood and directed the Department of Banking to issue a Letter of Authority to Homewood.
On November 17, 1965, Franklin filed a Petition with this Court for a Writ of Certiorari under Rule 68 1/2 of the Rules of the Supreme Court of Pennsylvania. After answers were filed by all parties in interest, we granted the Petition on December 10, 1965.
Franklin contends (1) that the adjudication of the Building and Loan Board was not adequately supported by the evidence; (2) that the Board clearly abused its discretion; and (3) that the Board's action was arbitrary and capricious.
The Building and Loan Code, Act of May 5, 1933, P. L. 457, § 204.1, as amended, 15 P.S. § 1074-204.1, provides that the Department shall approve such an application ". . . if it finds upon investigation that there is a need for services or facilities such as are contemplated by the establishment of such ...