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.

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
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

comply with those conditions. See § 32A-2-13(G). In addition, Gerald received oral notification from the children’s court at his plea hearing that detention would result from failure to comply with certain grade court conditions. Gerald’s counsel and mother were present at the plea hearing. Gerald repeatedly told the court that he understood the conditions. {38} Furthermore, when Gerald signed the plea agreement and grade court order, he received the considerable benefit of being released into the community. Gerald now seeks to be relieved of the conditions of release while leaving the rest of the plea agreement intact. Having received the benefit of the plea, Gerald may not now complain that the conditions are invalid. Cf State v. Trujillo, 117 N.M. 769, 772, 877 P.2d 575, 578 (1994) (<HOLDING>); Herrera, 2001-NMCA-073, ¶25 (stating that 
 Holding statements: (A) recognizing that both parties to a plea bargain make various concessions and gain certain advantages during plea negotiations and underscoring that a criminal defendant having availed himself of the advantages of a plea agreement cannot welch on his part of the bargain internal quotation marks and citation omitted (B) holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining an accepted plea bargain must be recorded and court may accept a bargained plea to a lesser offense reasonably related to a charged offense (C) recognizing that a voluntary and understanding guilty plea entered without the benefit of a plea bargain waives all nonjurisdictional defects that occurred before the entry of the plea (D) recognizing that a single guilty plea may embody a series of interrelated concessions between the parties and allows the defendant to withdraw the entire plea when one part of the agreement fails (E) holding defendant did not prove an enforceable agreement only that there was some discussion of a plea bargain
holding that plea of guilty or nolo contendere is not rendered involuntary because it is a product of plea bargaining an accepted plea bargain must be recorded and court may accept a bargained plea to a lesser offense reasonably related to a charged offense

for a mitigating role adjustment pursuant to U.S.S.G. § 3B1.2. Section 3B1.2 “authorizes a four-level reduction in offense level if the defendant is deemed a ‘minimal’ participant in the criminal activity! ] [and] a two-level reduction if he is deemed a ‘minor’ participant....” United States v. Skinner, 690 F.3d 772, 783 (6th Cir. 2012). The difference between “minimal” and “minor” is “not just semantic,” United States v. Lopez, 937 F.2d 716, 728 (2d Cir. 1991), and the standards are not interchangeable. See U.S.S.G. § 3B1.2 cmt. n. 5 (defining a “minor participant” as “a defendant ... who is less culpable than most other participants in the criminal activity, but whose role could not be described as minimal”) (emphasis added); United States v. Friedman, 998 F.2d 53, 60 (2d Cir. 1993) (<HOLDING>). Both Griffith and the Government focus their 
 Holding statements: (A) recognizing this distinction (B) holding that there is no distinction in the right to jury trial between sentencing factors and elements (C) recognizing distinction between two types of waiver (D) holding that the district court improperly used the two different standards under ussg  3b12 interchangeably thus blurring the distinction between section 3b12a and b (E) recognizing distinction between tolling and estoppel

recognizing this distinction