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

contractor’s work is accepted and end day it is accepted and that, while one “who assumes control over a dangerous condition left by a contractor may be liable,” it “does not necessarily mean that he who creates the danger should escape liability”). Third, the defect in Preston— the design and construction of the pool— was “a patent one as a matter of law.” 227 Cal.Rptr. 817, 720 P.2d at 485. Moreover, other jurisdictions have faced more factually analogous circumstances and have rejected arguments similar to Occidental’s. These cases have imposed liability on former plant owners whose negligent design work resulted in an injury to a third-party after the sale of the plant to a new owner. See Stone v. United Eng’g, a Div. of Wean, Inc., 197 W.Va. 347, 475 S.E.2d 439, 443-44 (1996) (<HOLDING>); Dorman v. Swift & Co., 162 Ariz. 228, 782 
 Holding statements: (A) recognizing the general rule that a property owner is not liable for the negligence of an independent contractor (B) holding that the current property owner may not assert a public nuisance claim against the former owner (C) holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage (D) holding former plant owner liable for its negligent design of conveyor belt (E) holding that in the context of construction litigation regarding the alleged negligence of design professionals a tort action for negligent misrepresentation alleging damages based purely on economic loss is not available to a party in privity of contract with a design professional
recognizing the general rule that a property owner is not liable for the negligence of an independent contractor

Martinez: When my dad passed away, I was holding his hand. He passed away holding my hand and I knew that I had to go on with my life because that’s part of life. You know, go on. But when we got down to SCI to my dad [sic], it’s not part of my life. I didn’t have to accept that and I did not accept it and I won’t accept it. Gracie Little: It’s the same thing as my mother and my sisters. We’re not at peace. We’re always wondering. You know, we were always wondering where our father was. It was very hard to hear how this company stole our father from his grave and moved him. That was hard. And I pray none of you have to go through this. We conclude that appellees presented direct evidence of Mrs. Guerra’s mental anguish. See Fifth Club, Inc. v. Ramirez, 196 S.W.3d 788, 797-98 (Tex.2006) (<HOLDING>); Bentley v. Bunton, 94 S.W.3d 561, 606-07 
 Holding statements: (A) holding that plaintiffs own testimony that he was embarrassed and humiliated by defendants conduct was sufficient to support compensatory damages award (B) holding trial court should not have granted summary judgment to employer when employee offered evidence a company security officer falsely accused him of stealing a calculator and coerced him into signing a confession resulting in his loss of his job not fear for his life like gantt and loss of sleep for weeks not still reoccurring nightmares like gantt (C) holding that plaintiffs testimony that he was depressed humiliated unable to sleep and suffered from headaches and nightmares was sufficient (D) holding that a title vii plaintiffs testimony that her employment discharge resulted in sleep loss smoking and weight loss was sufficient to support an award of 100000 in compensatory damages (E) holding that we could not weigh the prejudice suffered as a result of the exclusion of plaintiffs testimony because we had no way of knowing what the plaintiffs testimony would have been

holding that plaintiffs own testimony that he was embarrassed and humiliated by defendants conduct was sufficient to support compensatory damages award