Elizabeth Federal Savings and Loan Association v. Charles R. Howell

Summary

The Supreme Court of New Jersey held that the competing savings and loan institutions have standing to seek judicial review of the Commissioner’s approval of a branch office, that the Commissioner must provide a full record and a proper hearing before deciding, and that the Commissioner acted within his statutory authority under subsection B, but the procedural deficiencies require remand. The Court therefore remanded the case for the Commissioner to complete the record and conduct a full hearing. Justice Burling dissented, arguing that the Commissioner lacked authority to approve a branch in a location separate from the former office and that the application should be dismissed.