Green v. Wilmington Savings Fund Society

HERRMANN, Chief Justice:

The issue here is the Superior Court’s scope of review upon appeal from the State Bank Commissioner’s denial of an application for a branch bank office.

The Wilmington Savings Fund Society (hereinafter “Bank”) applied to the State Bank Commissioner for authority to open a branch office under 5 Del.C. § 933. 1 The Commissioner denied the application on the ground that the Bank had not carried its burden of demonstrating public convenience and necessity under § 933. The Bank appealed to the Superior Court under 29 Del.C. § 8809(g). 2 The parties stipulated that the…