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:
is adverse to its interests. Lamar cites no authority establishing that either “fact” was material to determining whether City exceeded the scope of its powers by surrendering and contracting away zoning authority that would otherwise have applied to Lamar’s efforts to rebuild or relocate eight of the forty-two signs identified in the Agreement. For reasons we explain, neither factual contention prevented the entry of summary judgment in favor of City as a matter of law. We have already explained that the Agreement hindered City’s zoning authority, and that zoning authority is an exercise of police powers. City thus established all that was necessary to demonstrate that the Agreement exceeded the scope of City’s powers in violation of section 432.070. Stewart, 165 S.W.2d at 629 (<HOLDING>). It is true that “[t]he due process clauses of 
 Holding statements: (A) recognizing governmental interest in rehabilitation (B) holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have (C) holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void (D) holding governmental immunity is no defense to contractual liability (E) holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary
answer:
(C)


question:
669 (1971). Although Plaintiff requests resolution of seemingly unsettled State law questions, the issues at bar fall squarely within the Burford parameters: Plaintiff has presented difficult issues of state law, gaming is arguably an area of important state policy in Texas, and the Texas Lottery Commission (TLC) provides the unified State enforcement mechanism for some aspects of gaming law in Texas. Moreover, both the TLC and Office of the Attorney General provide an administrative procedure for organizations and individuals to request advisory opinions regarding the legality of proposed gaming actions. Certification to the Texas Supreme Court to answer the state law question at issue here would be ideal. See Lehman Bros. v. Schein, 416 U.S. 386, 94 S.Ct. 1741, 40 L.Ed.2d 215 (1974)(<HOLDING>). However, under the Texas Constitution, 
 Holding statements: (A) holding that the decision to transfer rests within the sound discretion of the district court (B) holding that certification of a remand order divests federal court jurisdiction (C) holding that the decision to transfer rests within the sound discretion of the court (D) holding that it was proper in determining certification to consider whether certification would foster the settlement of the case with advantage to the parties and with great savings in judicial time and services (E) holding that certification to the state supreme court rests in the sound discretion of the federal court and that certification in the long run saves time energy and resources as well as helps to build a cooperative judicial federalism
answer:
(E)


question:
Circuit’s decision. See Juan Fermin v. United States, 513 U.S. 1170, 115 S.Ct. 1145, 130 L.Ed.2d 1104 (1995). 6 . On May 16, 2011, Fermin sought to amend his § 2255 petition to add a claim alleging that the petit jury’s failure to identify the controlled substance he was found to have been trafficking violated his Sixth Amendment right to a jury trial. However, the Court denied Fermin's request to amend his petition because, at the time of the request, nearly a full year had passed since Fermin submitted his initial petition, and because the motion to amend came near the end of a 60-day extension that the Court had already granted to him in order to reply to the Government's opposition. See Fed.R.Civ.P. 15(a)(2); Monahan v. New York City Dep’t of Corr., 214 F.3d 275, 283 (2d Cir.2000) (<HOLDING>) (citing Foman v. Davis, 371 U.S. 178, 182, 83 
 Holding statements: (A) holding that court may refuse leave to amend because of undue delay (B) holding leave to amend should be freely granted absent a showing of undue delay bad faith undue prejudice or futility (C) holding that the district court abused its discretion in denying leave to amend after a delay of eight months (D) holding the district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff who is represented by counsel never filed a motion to amend nor requested leave to amend before the district court (E) holding that delay of eleven months did not justify denial of leave to amend
answer:

(A)