Home Savings & Loan Ass'n v. Boesch

The basic question before the court is whether the Administrative Procedure Act (R. C. Chapter 119) applies to approval of the establishment of a building and loan branch pursuant to R. C. 1151.05.

R. C. 1151.05 provides that:

“No building and loan association shall establish more than one office, or maintain branches other than those established before July 3, 1923, nor relocate any branch, except with the approval of the Superintendent of Building and Loan Associations previously had in writing.”

Home Savings argues that the written approval required above is a “liceniing function” sufficient…