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.

[Q]: 393 N.W.2d 286, 290-91 (S.D.1986). • GILBERTSON, Chief Justice, (dissenting).. [¶ 26.] I respectfully dissent. I would reverse the lower court on Issue 2. I would hold the trial court erred when it granted partial summary judgment to 01-esens, holding City’s operation of food service at the municipal bar was an ultra vires act. [¶27.] An express grant of authority from the legislature “includes those incidental or implied powers that are necessary to enable a municipality to perform the function authorized.” City of Rapid City v. Rensch, 77 S.D. 242, 246, 90 N.W.2d 380, 383 (1958) (citation omitted). A municipality is vested with discretion as to how it exercises specific powers conferred upon it by the legislature, as long as the methods employed are n , 59 N.W.2d 732, 734 (1953) (<HOLDING>). Actions taken under a municipality’s implied 
 Holding statements: (A) holding municipality had implied authority to enter into a long term contract to establish a golf course although state statute did not specifically grant authority to establish golf courses as public parks (B) holding grant of authority to an agency to adopt rules necessary to carry out this chapter clearly vested in the agency authority to interpret a statute (C) holding that the governments attorney had the implicit authority to bind the government although the contracting officer had the express authority (D) holding that plaintiff had no authority or statutory right for actions proper course was to report actions to proper legal authority (E) holding the court has the inherent authority to enter an order of confidentiality
[A]: (A)


[Q]: child abuse or neglect or who testifies or otherwise participates in a judicial proceeding arising from a report, petition, or investigation of alleged child abuse or neglect is immune from civil or criminal liability that might otherwise be incurred or imposed. Id. § 261.106(a) (emphasis added). The dissent also correctly points out that “Immunity from liability and immunity from suit are two distinct principles.” Tex. Dep’t of Transp. v. Jones, 8 S.W.3d 636, 638 (Tex.1999). Finally, the dissent even recognizes that “[ijmmunity from liability is an affirmative defense, while immunity from suit deprives a court of subject matter jurisdiction.” Tex. Dep’t of Parks & Wildlife v. Miranda, 133 S.W.3d 217, 224 (Tex.2004); see also City of Hous. v. Williams, 353 S.W.3d 128, 134 (Tex.2011) (<HOLDING>); Harris County Hosp. Dist. v. Tomball Reg’l 
 Holding statements: (A) holding that the oneyear bar contained in  2255 acts as an affirmative defense and not a jurisdictional bar (B) holding bjecause immunity from liability constitutes an affirmative defense not a jurisdictional bar only immunity from suit is properly before us today (C) recognizing that under texas law governmental immunity embraces two principles immunity from liability and immunity from suit (D) holding that qualified immunity is not merely immunity from damages but also immunity from suit (E) holding immunity from liability is not jurisdictional
[A]: (B)


[Q]: because they would no longer be moot. There was no Open Meetings Act violation; DNR simply listened to public complaints about loose horses. Any information gathered by DNR as a result of those investigations was not conclusive on any issue in dispute before the hearing o hat agency directive to use certain standard in awarding contracts was not regulation when agency had repeatedly required that standard and when standard was consistent with existing regulation). 13 . See Messerli v. Department of Natural Resources, 768 P.2d 1112, 1117-18 (Alaska 1989) (concluding that policy manual was not regulation because definitibns in manual merely conditioned already existing right), overruled on other grounds by Olson v. State, Dep't of Natural Resources, 799 P.2d 289, 292-93 (Alaska 1990) (<HOLDING>). 14 . See Op. at 143-144. 15 . See Op. at 139. 
 Holding statements: (A) holding that the standard of review under rule 60 is abuse of discretion (B) holding that rational basis test used in messerli was incorrect and employing abuse of discretion standard of review for discretionary acts not requiring formal procedures to allow agencies latitude to act commensurate with their discretion (C) holding failure to exercise discretion is abuse of discretion (D) holding that the appropriate standard of review is abuse of discretion (E) holding that the judge did not abuse his discretion but applied an incorrect standard
[A]:
(B)