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.
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Question: not issue a permit to install” a waste disposal system unless that system “[m]eets all applicable county zoning and land use requirements .... ” Taken together, these provisions indicate a clear intent on the part of the General Assembly to locate environmental permitting with the MDE, and zoning with local government. There is no reasonable way to construe these provisions of the Maryland Code as doing anything other than complementing local government’s role in planning and zoning. If we held otherwise, we would be reading an over-broad preemptive intent into an otherwise clear statutory scheme. MRA’s preemption argument fails because it does not account for the dual nature of this process. See Ad + Soil, Inc. v. County Comm’rs of Queen Anne’s County, 307 Md. 307, 513 A.2d 893 (1986) (<HOLDING>). Preemption Based on Legislative Changes to 
 Holding statements: (A) holding that state court could regulate the practice of law in federal courts located in the state (B) holding that the relevant body of state law did indeed regulate many aspects of sewage sludge utilization but was not so comprehensive that the acceptance of the doctrine of preemption by occupation is compelled (C) holding that a party did not waive its preemption defense where its answer did not specifically mention preemption but contained a broader defense that was capable of encompassing preemption (D) recognizing that although there was no property in a dead body at common law  the one whose duty it is to care for the body of the deceased is entitled to possession of the body as it is when death comes and that it is an actionable wrong for another to interfere with that right by withholding the body or mutilating it in any way (E) recognizing that the artful pleading doctrine in practice is subsumed by the complete preemption doctrine

Answer: (B)


Question: of priorities for economic development” — were the centers of power in many areas of importance. Harry Scheiber, Federalism and the American Economic Order, 1789-1910, Law and Soc’y (Fall 1975) 57, 97. See generally id. at 86-100 (discussing diffusion of power and rnment’s contentions here ... would bid fair to convert congressional authority under the Commerce Clause to a general police power of the sort retained by the States.”); id. at 578, 115 S.Ct. 1624 (“[T]he federal balance is too essential a part qf our constitutional structure and plays too vital a role in securing freedom for us to admit inability to intervene when one or the other level of Government has tipped the scales too far.”); New York v. United States, 505 U.S. 144, 112 S.Ct. 2408, 120 L.Ed.2d 120 (1992) (<HOLDING>); id. at 178, 112 S.Ct. 2408 (“No matter how 
 Holding statements: (A) holding that despite 1985 amendments minimum jurisdictional amount remains 50000 (B) holding that the protect act amendments to the standard of review apply retroactively (C) holding that an unconstitutional policy may be inferred from an officials single decision or act (D) holding that an unconstitutional act of congress has no legal effect (E) holding unconstitutional taketitle provision of the lowlevel radioactive waste policy amendments act of 1985

Answer: (E)


Question: takes place that it poses the potential for additional members for the country club. There was even some conversation, although I can’t officially state it, that apparently one of the developers had talked about linking with Mission Valley. Tr. 175. Messrs. Durrance and Dellos did not describe what such access would have entailed in the before condition. The gravamen of Plaintiffs’ claim for lost access damages was JMC’s severance by the rails corridor from “native wooded lands, well maintained single family homes, and [a] golf course” on Mission Valley. PX 21B (BB-PLTF-13050); Pis.’ Post-Trial Br. 38. The mere adjacency of JMC to Mission Valley does not equate to potential access or the right to severance damages. See United States v. Mattox, 375 F.2d 461, 463 (4th Cir.1967) (<HOLDING>). Plaintiffs have not established a manifest 
 Holding statements: (A) holding that congress envisioned two separate petitions filed to review two separate final orders (B) holding that if subsequent to the taking and before the trial the ordinance was actually amended to permit the previously forbidden use then that of  itself was weighty evidence of the existence at the time of the taking of the fact that there was a reasonable probability of an imminent change (C) holding that lack of a separate judgment does not preclude the taking of an appeal from a district courts final decision because the parties may waive the separate judgment requirement where one has accidentally not been entered (D) holding that premises owner had duty to use degree of care in performing activities that owner of ordinary prudence would use under same or similar circumstances (E) recognizing that mere proximity or possibility of an integrated use of two separate tracts use will not confer upon the owner a right to severance damages without reasonable probability that the separate tracts could have been combined for such integrated use before the taking

Answer:
(E)