The Application of Dorsey & Whitney Trust Co.
Annotate this CaseIn the Matter of the Application of Dorsey & Whitney
Trust Company LLC for Organization Certificate
Authorizing a Trust Company to Transact Business
at 300 North Dakota Avenue, Sioux Falls, South Dakota
[2001 SD 35]
South Dakota Supreme Court
Appeal from the Circuit Court of
The Second Judicial Circuit
Minnehaha County, South Dakota
Hon. Kathleen K. Caldwell, Judge
Mark Barnett, Attorney General
Diane Best, Assistant Attorney General
Pierre, South Dakota
Attorneys for appellee
South Dakota Banking Commission
George N. Manolis and Douglas Kludt
Churchill, Manolis, Freeman, Kludt & Shelton
Huron, South Dakota
Edward J. Pluimer
Minneapolis, Minnesota
Attorneys for appellee
Dorsey & Whitney Trust Company
Jeremiah D. Murphey and Thomas J. Welk
Boyce, Murphy, McDowell & Greenfield
Sioux Falls, South Dakota
Attorneys for appellant
Argued on January 9, 2001
Opinion Filed 3/14/2001
#21623, #21624
MILLER, Chief Justice.
[¶1.] This is an appeal from a circuit court affirmance of the South Dakota Banking Commission’s grant of an application to organize and operate a trust company in Sioux Falls, South Dakota. We affirm.
FACTS[¶4.] 1. The circuit court correctly applied the clearly erroneous standard.
* Two commissioners dissented to granting Dorsey a license. These dissenters, however, did not detail their reasons for dissenting either on the record or in writing. This makes meaningful appellate review difficult. In the future, we suggest the Commission create a more developed record to assist in our review on appeal.
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