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: 664, 669 (Colo.1988), the exercise of such power must be guided so that any action taken by a city "in response to a land use proposal will be rational and consistent." Beaver Meadows v. Board of County Comm'rs, 709 P.2d 928, 936 (Colo.1985). The Colorado Springs Zoning Code specifically allows the City to take into account the effect on the neighborhood. See § 4-6-602(C)(1) ("Will the project design be harmonious with surrounding land uses and neighborhood?") In my view, this standard is insufficient to provide "all users and potential users of land with notice of the particular standards and requirements" imposed by the City for plan approval. Cherry Hills Resort Dev. Co. v. City of Cherry Hills Village, 790 P.2d 827, 832 (Colo.1990); see also Bauer, 182 Colo. at 327, 513 P.2d at 204 (<HOLDING>); Kosinski v. Lawlor, 177 Conn. 420, 418 A.2d 
 Holding statements: (A) holding that the llupa does not provide for judicial review of requests to change zoning or comprehensive zoning plans (B) holding that where a zoning board had no authority under state law to take certain actions with respect to a protected property interest a trier of fact could conclude that there was no rational basis for the towns zoning boards actions and that as a result the zoning board violated appellants rights to substantive due process (C) holding a zoning authority acts in an arbitrary and capricious manner when it denies a permit meeting the general zoning qualifications solely because of the type of building to be constructed (D) holding that in the limited circumstances when local zoning authorities actions prohibit personal wireless service the act preempts local zoning law (E) holding that a zoning commission was capable of being sued directly under section 1983 because zjoning commissions function legislatively when adopting zoning regulations and holding public hearings for the adjudication of individual petitions for zoning redress

Answer: (C)


Question: case because in Revenue Cabinet, as here, the sales tax statute did not impose a test for passage of title, and an administrative rule did impose a test for passage of title. Id. at 738-39. Here, Hales makes no claim that the impermanence of its materials results in a generally understood, implicit agreement to pass title at some point before delivery. Moreover, our statute requires an explicit agreement on passage of title before the statutory presumption can be rebutted; there is no obvious provision in this statute for an implicit understanding, which the Kentucky court thought sufficient. Consequently, the facts of Revenue Cabinet aré inapposite and its result is inapplicable to the case at bar. See also Kurtz Concrete, Inc. v. Spradling, 560 S.W.2d 858, 862 (Mo.1978) (en banc) (<HOLDING>). We hold that the Commission applied the 
 Holding statements: (A) holding that title insurer not in business of supplying information in issuing either title commitment or policy of title insurance for purposes of exception to moorman prohi bition against recovery of economic losses in tort further holding that contract defines title insurers liability (B) holding that title passes on mixture of readymix concrete because of usage of trade (C) recognizing that most other courts apply title vii principles to title ix cases but refusing to apply title viis knew or should have known standard to a title ix claim (D) holding in a slander of title action that attorneys fees are recoverable as part of the costs of removing the cloud from the title (E) holding that void deed is neither title nor color of title

Answer: (B)


Question: disciplinary warning he had issued to Mr. Avila, and he told a group of workers that Mr. Avila should get out of the country if he couldn’t speak English right about the time he fired Mr. Avila. Thus, the record contradicts the district court’s finding that Mr. Keeffe made only one isolated remark about Mr. Avila’s language, which was months before, and unrelated to, the termination decision. We conclude these remarks are circumstantial evidence of discriminatory animus, and, given that two of the comments were made contemporaneous with Mr. Keeffe’s warning and termination decisions, a reasonable jury could conclude these remarks were related to those warning and termination decisions. Cf. Ash v. Tyson Foods, Inc., 546 U.S. 454, 456, 126 S.Ct. 1195, 163 L.Ed.2d 1053 (2006) (per curiam) (<HOLDING>); Hong v. Children’s Mem’l Hosp., 993 F.2d 
 Holding statements: (A) holding that an individual can be a final policymaker either by operation of state and local positive law or by custom or usage having the force of law (B) holding that use of potentially derogatory term may be evidence of racial animus which could potentially show pretext depending on various factors including context inflection tone of voice local custom and historical usage (C) holding that evidence of pretext may include the use of subjective criteria (D) holding that the employers routine use of racial slurs constitutes direct evidence that racial animus was a motivating factor in the contested disciplinary decisions (E) holding that a supervisors routine use of racial slurs constitutes direct evidence that racial animus was a motivating factor in the contested disciplinary decisions

Answer:
(B)