First National Bank of Ft. Pierre v. South Dakota State Banking Commission
South Dakota Supreme Court
1ConcurrenceMeierhenry, Justice
[¶ 24.] I agree with the majority to affirm the Commission because of our standard of review and the weight we give to the Commission’s determinations. The statute requires that we “give great weight to the findings made and inferences drawn by an agency on questions of fact.” SDCL 1-26-36. Here, the intervenor challenges the Commission’s findings as to “need in the community” and “ability of the community to support the proposed bank.” Majority opinion, ¶ 12. In order to reverse, we have to conclude that the Commission’s findings on those factors were “clearly erroneous in light of the…
2Cases cited2 opinions
- Valley State Bank of Canton v. Farmers State BankSouth Dakota Supreme Court · 1973
- Independent Trust Co. v. South Dakota State Banking CommissionSouth Dakota Supreme Court · 2005