In Re Estate of Viola Patricia Enz

This is a proceeding to review an order by the State Banking Board granting an application for a charter to operate the "Garden of the Gods Bank" in Colorado Springs. The first application, filed with the State Bank Commissioner on June 30, 1972, proposed that the bank be located near the intersection of Garden of the Gods Road and Interstate Highway 25 and described as the primary service area a large area of land north and south of Garden of the Gods Road and west of the Interstate. At a public hearing on the application, Northern National Bank, the petitioner here, protested issuance of the charter, arguing that the proposed bank would not serve a public need or advantage in the proposed service area and that a profitable operation of the bank could not reasonably be projected. See § 11-3-110(3), C.R.S. 1973.