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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: the necessity for government to be able to take private property for governmental purposes, see The Federalist No. 10 (James Madison), that power could be exercised only by making the private property owner whole. Thus the distinction plaintiffs attempt to draw is unavailing. Analytically, whether common law-based tort and contract law is subject to statutes of limitations, with or without sovereign immunity in the case of suits against the government, is unrelated to the question of whether constitutionally based takings claims may be made subject to such statutes. Which leads to the question of the applicable law. This court hears a goodly number of takings cases. In some the plaintiff property owner prevails. See, e.g., Ciéne-ga Gardens v. United States, 331 F.3d 1319 (Fed.Cir.2003) (<HOLDING>); Palm Beach Isles Assocs. v. United States, 
 Holding statements: (A) holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts (B) holding that island owners had rights to the thread of the channel (C) holding housing statutes create no rights in tenants for purposes of section 1983 (D) holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs (E) holding that statutory abrogation of lowincome housing owners contract rights was a taking

Answer: holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts


Question: CURIAM. Anthony McLemore was tried by jury and convicted of possession of cocaine and possession of cannabis. We agree with McLemore that the trial court erred in failing to give the jury his requested special instruction that an element of the crime is knowledge by the defendant that the substances possessed were marijuana and cocaine. See Chicone v. State, 684 So.2d 736, 746 (Fla.1996). Even though McLemore disavowed any connection whatsoever to the items, we find that the error was not harmless. See Scott v. State, 808 So.2d 166 (Fla.2002)(<HOLDING>). Accordingly, we reverse the convictions and 
 Holding statements: (A) holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review (B) holdingthat because the evidence of the defendants guilt was overwhelming the courts failure to give a requested charge on impeachment constituted harmless error (C) holding that a trial court errs when it fails to give a limiting instruction properly requested by a party (D) holding that failure to give a limiting instruction for 404b evidence is not plain error (E) holding that failure to give a properly requested chicone instruction cannot be harmless error

Answer: holding that failure to give proper instruction regarding disputed element of crime charged was fundamental error requiring reversal and stating that fundamental error is not subject to harmless error review


Question: concluded, that the city’s conduct was operational because it failed to implement its plan to reconstruct the water main once it received adequate funding from a grant. But as we have previously discussed, because no development plan for Main Street was in place at the time of the January 2015 leak, there was no definite reconstruction plan that the city failed to implement. And even if there had been a definite plan, the city’s conduct was constrained by economic considerations. Holmquist, 425 N.W.2d at 234 (“Sometimes the implementation of a policy itself requires policymaking.”). Magnolia next asserts that the city’s conduct was operational because the city delayed infrastructure repairs of a known hazard. See Marlow v. City of Columbia Heights, 284 N.W.2d 389, 391-92 (Minn. 1979) (<HOLDING>). In Marlow, the supreme court held that 
 Holding statements: (A) holding that in order to maintain a derivative cause of action a shareholder must maintain a continuous ownership interest in the corporation (B) holding that a business owner has a duty to use reasonable care to maintain premises in a reasonably safe condition for patrons (C) holding that the failure to maintain the facility in a safe condition or to warn of hazards was an  operational failure following the planning decision to operate and maintain the public landing (D) holding that a failure to warn was not a policy judgment (E) holding that passenger cannot maintain action for breach of implied warranty to provide safe passage

Answer:
holding that in order to maintain a derivative cause of action a shareholder must maintain a continuous ownership interest in the corporation