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)
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Q: and, therefore, uninformed. We cannot agree. There is no statement of personal knowledge by the executrix stating whether Burnett consulted with legal counsel prior to executing the CSA or Guaranty. Plaintiff certified JTB, Inc. defaulted under the CSA and provided the documents supporting entry of judgment against it. JTB, Inc. never challenged the action or the relief sought. Proof of the Guaranty and its execution by Burnett was also provided to support judgment under the cognovit provision. Moreover, the Guaranty is clearly written and its waiver provisions are boldly identified, as is the confession of judgment clause. Importantly, plaintiffs action was based on the Guaranty, not the terms of its CSA with JTB, Inc. See Tam Enters., supra, 369 N.J.Super. at 59, 848 A.2d 27 (<HOLDING>). Further, the provision contains a succinct 
 Holding statements: (A) holding that selfserving deposition testimony standing alone is insufficient to survive a motion for summary judgment (B) holding a guarantee of a note that contains a cognovit provision alone is insufficient to permit confession of judgment against the guarantors (C) holding that notice of judgment was insufficient (D) holding that a confessed judgment was not enforceable against a corporate president who individually guaranteed payment of corporate note signed by him in his capacity as president and which authorized confession of judgment (E) holding that adverse inference alone insufficient to support a motion for summary judgment

A: (B)
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Q: Morawski was concerned about these comments, that Morawski consented to the monitoring of the “Open Line,” and that Morawski made the decision to terminate Plaintiff within a year of those comments. Although this evidence is far from conclusive proof that a causal connection existed between the protected conduct and the adverse áction, the temporal proximity between the protected conduct, Morawski’s behavior indicating concern about that conduct, and the adverse action, -is sufficient evidence to satisfy the third element of a prima facie retaliation claim. See EEOC v. Avery Dennison Corp., 104 F.3d 858, 861 (6th Cir.1997) (stating that the burden of establishing a prima facie case of retaliation “is not onerous”); Polk v. Yellow Freight Sys., Inc., 801 F.2d 190, 197 (6th Cir.1986) (<HOLDING>). Although Plaintiff has presented a prima 
 Holding statements: (A) holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment (B) holding that the combination of temporal proximity and negative statements concerning the employees protected activity can create a triable question of fact on the issue of retaliatory motivation even in the presence of legitimate performancerelated reasons for terminating the plaintiff (C) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (D) recognizing temporal proximity when agency had knowledge of employees protected activity (E) holding that the plaintiff has established temporal proximity when the plaintiff engaged in protected activity on june 23 1988 and the defendant terminated the plaintiff on august 1 1988

A:
(B)
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