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.

in Germantown and Eastern Montgomery County, which the County determined is causing the need to expand the highway system. In Gaithersburg East, the fact that programmed highways are expected to relieve the traffic congestion and there is no need to build unprogrammed highways provides a rational basis to treat the new development in this area differently than the new development in the existing impact districts, where unprogrammed highwa e sub judice is Chapter 808, which gives Montgomery County broad taxing authority, authority that was lacking in those other jurisdictions. See also Home Builders v. Board of Palm Beach County Comm’rs, 446 So.2d 140 (Fla.App. 4th Dist.1983), cert. denied, 451 So.2d 848 (Fla.1984), appeal dismissed, 469 U.S. 976, 105 S.Ct. 376, 83 L.Ed.2d 311 (1984) (<HOLDING>). We likewise hold that the impact tax imposed 
 Holding statements: (A) holding that doctrine does not violate equal protection (B) holding the exclusion did not violate the equal protection clause of the wyoming constitution or the fourteenth amendment to the united states constitution (C) holding that neither the due process clause nor the equal protection clause of the fourteenth amendment require the appointment of counsel on a petition for discretionary review to a state supreme court (D) holding that the impact fee there imposed did not violate the equal protection clause of the fourteenth amendment using the rational basis test we discuss here (E) holding transfer rule did not violate federal equal protection
(D)

June 1993 was being denied. Katz asserts that he never received the letter and, therefore, until March 27, 1995, when he received the notice of the denial of coverage, Colonial had led him to believe that his policy covered registered nursing care provided at a general hospital. As the dispute as to whether Katz actually received the letter cannot be resolved at this juncture, I now consider whether, if he did not receive the letter, Colonial should be estopped from denying coverage for the October/November private nursing care. In order to prevail under the doctrine of equitable estoppel, Katz must show (1) a material representation, (2) reasonable reliance upon that representation, and (3) damage resulting from that representation. Lee v. Burkhart, 991 F.2d 1004, 1009 (2d Cir.1993) (<HOLDING>). Katz asserts that Colonial’s failure to 
 Holding statements: (A) recognizing difference between tolling and equitable estoppel (B) recognizing cause of action (C) holding that ejven if there were no express preemption under erisa  514a of the cause of action in that case it would be preempted because it conflicted directly with an erisa cause of action (D) recognizing the cause of action (E) recognizing cause of action for equitable estoppel under erisa
(E)

2007, no pet.) (op. on reh’g); Nelson v. Regions Mortgage, Inc., 170 S.W.3d 858, 863 (Tex.App.-Dallas 2005, no pet.). It is well settled that the DJA is not a grant of jurisdiction; rather, it is a procedural device for deciding cases already within a court’s jurisdiction. Chenault v. Phillips, 914 S.W.2d 140, 141 (Tex.1996); City of Houston v. Buttitta, 274 S.W.3d 850, 853 (Tex.App.-Houston [1st Dist.] 2008, no pet.) (op. on reh’g). Here, York claims that the justice court’s order awarding the property to the State for the benefit of the Wise County Sheriffs Office is void allas 2003, no pet.); Davis v. Boone, 786 S.W.2d 85, 87 n. 3 (Tex.App.-San Antonio 1990, no writ). But see S. County Mut. Ins. Co. v. Powell, 736 S.W.2d 745, 749-50 (Tex.App.-Houston [14th Dist.] 1987, no writ) (<HOLDING>). To prevail on a collateral attack, the 
 Holding statements: (A) holding that a judgment as to the title in a prior litigation was not subject to collateral attack (B) recognizing bankruptcy courts jurisdiction over such a collateral attack (C) holding that dormant judgment is voidable and therefore not subject to collateral attack (D) holding in dictum that extrinsic evidence should be permissible to show applicability of automatic stay in collateral attack against judgment (E) recognizing collateral attack on void order

(D)