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.

[EX Q]: that it can be restored, as when a house suffers smoke and water damage in a fire, the tort-feasor is liable for the costs of restoring the property to its former condition, up to the total value of the property. Applying these rules to fire-damaged trees is problematic. Is it the loss of the tree that is permanent, or the loss to the real estate? A tree that has burned and is dead is permanently destroyed, but the land on which the tree was located can be restored, either immediately by bringing in a fully grown tree or by planting a sapling. The question of “permanent” versus “temporary” damage is ultimately less helpful than the question of how the trees were used and their intrinsic value to the property. See, e.g., Mosteller v. Naiman, 416 N.J. Super. 632, 638, 7 A.3d 803 (2010) (<HOLDING>). One legal encyclopedia explains the use-value 
 Holding statements: (A) recognizing that quantifying damages for trees is a  complex subject  that depends upon the evidence in the particular case  (B) holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality (C) recognizing that moving to the second stage of the saucier analysis is appropriate when the existence of a constitutional violation depends upon the resolution of uncertain state law (D) holding that the question whether section 3553b permits departure in some particular case is subject to plenary review (E) holding that the denial of due process in a particular case is subject to harmless error analysis
[EX A]: holding that suppression of secondary evidence depends on whether the police obtained the evidence through an exploitation of the prior illegality

[EX 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
[EX A]: 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

[EX Q]: The Court will therefore reduce Defendant’s Bill of Costs by the entire $128.68 that Defendant attributed to necessary travel expenses for Ms. Burkhart, Ms. Hunt, and Ms. Smith. D. Westlaw Expenses Plaintiffs also object to Defendant’s inclusion of $164.45 on its Bill of Costs that it attributed to “compensation for Westlaw usage.” (Def.’s Application of Costs at 1.) In reviewing Plaintiffs’ objection, the Court first notes that the cost of legal research services is not listed as an allowable expense in either the Local Rules or 28 U.S.C. § 1920. Furthermore, the Court finds that the cost of legal research is more properly characterized as a component of attorneys’ fees, not as a taxable cost of litigation. United States v. Merritt Meridian Constr. Corp., 95 F.3d 153 (2d Cir.1996) (<HOLDING>); Haroco, Inc. v. Am. Nat. Bank & Trust Co. of 
 Holding statements: (A) holding that attorneys fees would include expenses for computerized legal research and thus not allowing computerized legal research as a separate taxable cost (B) holding that computeraided research like any other form of legal research is a component of attorneys fees and cannot be independently taxed as an item of cost in addition to the attorneys fee award (C) holding that the costs of computerized research was a component of attorneys fees that cannot be independently taxed as an item of cost (D) holding that based on leftwich the law of this circuit is that computerbased legal research must be factored into the attorneys hourly rate hence the cost of the computer time may not be added to the fee award (E) holding that the costs of computerized research should be characterized not as taxable costs but as attorneys fees
[EX A]:
holding that computeraided research like any other form of legal research is a component of attorneys fees and cannot be independently taxed as an item of cost in addition to the attorneys fee award