instruction:
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.
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:
absence of any effort to serve Bustos with a summons or a complaint, the Receiver cannot claim substantial compliance with Rule 4. The Receiver’s failure even to attempt to comply with Rule 4 is no “minor defect,” United Food & Commercial Workers Union v. Alpha Beta Co., 736 F.2d 1371, 1382 (9th Cir.1984), that can be remedied by actual notice. More importantly, the difficulty here runs deeper than mere insufficient service of process. The Receiver never filed a complaint and never named Bustos as a party. In other words, the Receiver never commenced an action against Bustos, see Fed. R. Civ. P. 3; it simply named Bustos in a motion for the disgorgement of allegedly ill-gotten gains earned through the sale of unregistered securities. See In re Alpha Telcom, 2004 WL 3142555, at *1 (<HOLDING>). Prior to Bustos’s intervention in the action, 
 Holding statements: (A) holding pursuant to bankruptcy rule 7004b9 that because the creditor mailed the complaint and summons to the debtors attorney and to the address listed in the debtors bankruptcy petition service of process was sufficient even if the debtors were out of the country and did not actually receive notice of the complaint and summons (B) holding that the court lacks jurisdiction where a complaint was filed more than 30 days after the filing of the summons (C) holding that a title vii cause of action is limited to those discrimination allegations in the complaint that have been under the scrutiny of a formal eeoc complaint (D) holding that a formal summons and complaint were unnecessary because the motion before the court is not an independent action (E) holding that service of a statecourt summons and complaint after removal to federal court is valid service
answer:
(D)


question:
technician positions are “irreducibly military in nature.” Id. Unpersuaded by the plaintiffs attempt to distinguish the civilian nature of her duties, the court went as far as noting that “the National Guard as a whole is irreducibly military.” Id. at 440. The Sixth Circuit has adhered to this “bright line” rule and has continued to consistently hold that, because dual-status National Guard positions are “irreducibly military in nature,” discrimination claims brought by such technicians are non-justi-ciable. See e.g., Weaver v. Tennessee National Guard, 30 Fed.Appx. 554 (6th Cir.2002) (Title VII claim barred); Brown v. Roche, 206 Fed.Appx. 430, 432 (6th Cir.2006) (affirming Rule 12(b)(1) dismissal of plaintiffs ADEA claim); see also Bowers v. Wynne, 615 F.3d 455, 457 (6th Cir.2010) (<HOLDING>). In Bowers, the district court determined that 
 Holding statements: (A) holding claims based on title vii subject to arbitration (B) holding title vii and rehabilitation claims brought by a dualstatus air reserve technician barred (C) recognizing ageplusgender discrimination claim when complaint brought claims under adea and title vii (D) holding that a trustees claim was barred by res judicata and stating that the trustee could have asked the bankruptcy court to reserve his fraud claims for later adjudication which would have avoided his claims being barred (E) holding that air force mechanic was barred by feres from bringing claims under title vii and accordingly the court lacked subject matter jurisdiction over his claims under rule 12b1
answer:

(B)