(Download) "League Central Credit Union v. Thomas C." by Middle Section, at Nashville Court of Appeals of Tennessee * eBook PDF Kindle ePub Free
eBook details
- Title: League Central Credit Union v. Thomas C.
- Author : Middle Section, at Nashville Court of Appeals of Tennessee
- Release Date : January 25, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 74 KB
Description
CONNER, Judge. OPINION This dispute involves an existing central credit union, 1 a new credit union (both created pursuant to T.C.A. § 45-4-101, et seq.) and the then Tennessee Commissioner of Banking (now the Commissioner of Financial Institutions) charged with approving the charters of both central credit unions and credit unions and thereafter regulating them. Plaintiff-appellant, League Central Credit Union, sued the defendants-appellees, American Sunbelt Credit Union, and the commissioner, 2 challenging the action of the commissioner in approving the charter and by-laws of American Sunbelt as a credit union because there was no common bond as required by T.C.A. § 45-4-301, (infra). The suit was brought under alternative theories of relief, either for declaratory judgment pursuant to T.C.A. § 29-14-101, et seq., or for a writ of certiorari pursuant to T.C.A. § 27-9-101, et seq., as directed in T.C.A. § 45-1-108, (infra). The latter statute provides for judicial review of orders of the commissioner under certain conditions. Both defendants tested the sufficiency of the complaint, as amended, by filing motions to dismiss pursuant to T.R.C.P. 12.02(6) for lack of standing and the failure of plaintiff to exhaust its administrative remedies. The chancellor granted the respective motions to dismiss and denied plaintiff's motion to alter that judgment. League Central appeals contending that it indeed has standing and that it was unnecessary to exhaust its administrative remedies. We believe the standing question is dispositive and accordingly will deal solely with it.