Legal Opinion

State Ex Rel. Banking Commission v. Avery County Bank

Court of Appeals of North Carolina

Decided April 26, 1972No. 7210SC78PublishedCited by 5 opinions

1Opinion of the Court

VAUGHN, Judge.

Among other things, G.S. 53-62 (b) provides that the Commissioner shall not approve the establishment of a branch bank until “ ... he shall find (i) that the establishment of such branch or teller’s window will meet the needs and promote the convenience of the community to be served . . . . ” We concede that this may be considered a somewhat nebulous criteria. The word “need,” however, is a relative term. Its meaning, within reasonable limits, varies with the circumstances of its use. Appellant, arguing that the standard is closely akin to the familiar “public convenience and…

2Cases cited1 opinion

  1. Utilities Commission v. . Trucking Co.Supreme Court of North Carolina · 1943

3Cited by5 opinions

  1. First National Bank of Worland v. Financial Institutions BoardWyoming Supreme Court · 1980
  2. Bank of New Bern v. Wachovia Bank & Trust Co., N. A.District Court, E.D. North Carolina · 1972
  3. United States v. HorneDistrict Court, D. Minnesota · 1997
  4. First National Bank of Worland v. Financial Institutions BoardWyoming Supreme Court · 1980
  5. State v. Cabarrus Bank & Trust Co.Court of Appeals of North Carolina · 1972

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