In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: 393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality
[A]: (A)


[Q]: or even every valid governmental purpose, is an appropriate reason for breaching grand jury secrecy.” Id. at 480, 103 S.Ct. 3164. It goes without saying that the district court’s inherent authority does not include the power to contravene or circumvent an “express grant of or limitation on the ... court’s power contained in a rule or statute.” Dietz v. Bouldin, — U.S.-, 136 S.Ct. 1885, 1892, 195 L.Ed.2d 161 (2016); see also Carlisle v. United States, 517 U.S. 416, 426, 116 S.Ct. 1460, 134 L.Ed.2d 613 (1996) (“Whatever the scope of [the court’s] ‘inherent power,’ ,,. it does not include the power to develop rules that circumvent or conflict with the Federal Rules of Criminal Procedure.”); Bank of Nova Scotia v. United States, 487 U.S. 250, 254, 108 S.Ct. 2369, 101 L.Ed.2d 228 (1988) (<HOLDING>). Rule 6(e) is an express limitation on the 
 Holding statements: (A) holding that the substantial rights inquiry of federal rule of criminal procedure 52b mirrors rule 52as harmless error inquiry except that the burden in the former falls on the defendant to show prejudice (B) holding that a district court cannot invoke its inherent authority to circumvent the harmlesserror inquiry required by rule 52a of the federal rules of criminal procedure (C) holding that a shotgun pleading is in no sense the short and plain statement of a claim required by rule 8 of the federal rules of civil procedure (D) holding that rule 33 of the federal rules of criminal procedure is an inflexible claimprocessing rule that may be waived if not raised (E) recognizing the inherent common law authority of courts to promulgate rules of practice and procedure
[A]: (B)


[Q]: prohibition,” but rather "viewed the San Diego ordinance as a total ban on billboards because it believed that the ordinance would have the practical effect of eliminating the billboard industry in San Diego and thereby would eliminate billboards as an effective medium of communication.” Rappa, 18 F.3d at 1058. Because of these sharp differences, neither opinion has any controlling precedential force. 11 . We note that the Dimmitt/Metromedia-plu-rality approach is consistent with the prevailing approach among other Circuits. See, e.g., Nat’l Adver. Co. v. Town of Niagara, 942 F.2d 145, 147 (2d Cir.1991) (observing that the Second Circuit "has adopted the plurality decision in Metromedia concerning billboard regulation”); Nat’l Adver. Co. v. Town of Babylon, 900 F.2d 551 (2d Cir.1990) (<HOLDING>); Gilleo v. City of Ladue, 986 F.2d 1180 (8th 
 Holding statements: (A) holding that an ordinance exempting certain signs from a general sign ban was an unconstitutional contentbased restriction on speech (B) holding that prohibiting external illumination of political signs while allowing it for other signs was an unconstitutional contentbased restriction since the message on the sign determines whether or not it may be externally illuminated (C) holding ban on newsracks to be contentbased because determining whether a newsrack fell within ban required reference to a publications content (D) holding that restriction on government employee speech was unconstitutionally vague (E) holding that strict scrutiny applies to a prior restraint enforcing a contentbased restriction on speech in a traditional public forum
[A]:
(A)