HOME SAV. & LOAN ASSN. v. BOESCH

No. 74-162.

41 Ohio St. 2d 115 (1975)

HOME SAVINGS & LOAN ASSN., APPELLEE, v. BOESCH, SUPT. OF BUILDING AND LOAN ASSNS., ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided February 12, 1975.


Attorney(s) appearing for the Case

Messrs. Williams, Purtill & Zumkehr and Mr. Charles E. Zumkehr; Messrs. Kelley, McCann & Livingstone, Mr. Walter C. Kelley and Mr. Michael L. Gordon, for appellee.

Mr. William J. Brown, attorney general, Mr. Ira Owen Kane, Mr. William G. Compton, Mr. Irving B. Marks, Mr. John R. Gall and Mr. Nelson E. Genshaft, for appellants.


CELEBREZZE, J.

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...

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