PENNSYLVANIA BANKERS ASSOCIATION, Adams County National Bank, Community Banks, Pennsylvania Association of Community Bankers, and Sterling Financial Corporation,
v.
PENNSYLVANIA DEPARTMENT OF BANKING, Belco Community Credit Union, Pennsylvania Department of Revenue, Attorney General.
Appeal of Pennsylvania Department of Banking.
Pennsylvania Bankers Association, Adams County National Bank, Community Banks, Pennsylvania Association of Community Bankers, and Sterling Financial Corporation
v.
Pennsylvania Department of Banking, Belco Community Credit Union, Pennsylvania Department of Revenue, Attorney General
Appeal of Belco Community Credit Union and Pennsylvania Credit Union Association.
Supreme Court of Pennsylvania.https://leagle.com/images/logo.png
Argued April 16, 2008.
Decided December 17, 2008.
Attorney(s) appearing for the Case
Carter David Frantz, Esq., Linda Carroll, Esq., PA Department of Banking, for Pennsylvania Department of Banking.
Howard G. Hopkirk, Esq., Susan Jane Forney, Esq., PA Office of Attorney General, for Attorney General of Pennsylvania.
Francis Crowley, Esq., Laurie Schnarrs Kennedy, Esq., Richard T. Wargo, Jr., Esq., PA Credit Union Association, Christopher Michael Guth, Esq., Blank Rome, L.L.P., Philadelphia, for Belco Community Credit Union and PA Credit Union Assoc.
Christopher R. Nestor, Esq., Raymond P. Pepe, Esq., Maria Gerarda MacusBryan, Esq., Kirkpatrick & Lockhart Preston Gates Ellis, L.L.P., Harrisburg, for PA Bankers Assn., Adams Co. Nat. Bank, Comm. Banks, PA Assn., of Comm. Bnkrs, Sterling Fin. Corp.
Carter David Frantz, Esq., PA Department of Banking, Linda Carroll, Esq., for Pennsylvania Department of Banking.
Christopher R. Nestor, Esq., for Pennsylvania Bankers Association, et al.
Christopher R. Nestor, Esq., Raymond P. Pepe, Esq., Maria Gerarda MacusBryan, Esq., Kirkpatrick & Lockhart Preston Gates Ellis, L.L.P., for PA Bankers Assn., Adams Co. Nat. Bank, Comm. Banks, PA Assn., of Comm. Bnkrs., Sterling Fin. Corp.
Francis Crowley, Esq., Laurie Schnarrs Kennedy, Esq., Richard T. Wargo, Jr., Esq., PA Credit Union Association, Christopher Michael Guth, Esq., Blank Rome, L.L.P., for Belco Community Credit Union and PA Credit Union Association.
Howard G. Hopkirk, Esq., Susan Jane Forney, Esq., PA Office of Attorney General, for Attorney General of Pennsylvania.
BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and McCAFFERY JJ.
Supreme Court of Pennsylvania.
OPINION
Justice BAER.
We granted allowance of appeal in this matter to clarify the procedure by which the Pennsylvania Department of Banking ("the Department") evaluates a credit union's proposal to amend its membership structure from one premised on commonality of interests to one based on geographic proximity under the Pennsylvania Credit Union Code ("Credit Union Code"), 17 Pa. C.S. §§ 101-1504. First, we consider whether the Department...
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