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. 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.
question:
the defendants conceded that, as a general rule, homogenous precinct analysis may be more reliable than ecological regression, we cannot say that the district court clearly erred in accepting Mag-giotto's numbers and treating the election as arguably split-preference. 5 . The defendants also argue that, even if there is a statutory violation, Section 2 should not be enforced because it is unconstitutional under the Equal Protection Clause, principles of federalism, and' the "congruence and proportionality” test established by City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 138 L.Ed.2d 624 (1997). We need not address this argument in light of our holding that Section 2 has not been violated. See Slack v. McDaniel, 529 U.S. 473, 485, 120 S.Ct. 1595, 1604, 146 L.Ed.2d 542 (2000) (<HOLDING>) (quoting Ashwander v. TVA, 297 U.S. 288, 347, 
 Holding statements: (A) holding that a district courts ruling may be upheld on an alternative ground supported by the record (B) holding that judgment may be affirmed on any ground supported by the record (C) holding that a successor judge may consider a motion for new trial in a case tried to the court where she is not required to weigh conflicting evidence or pass upon the credibility of witnesses but can resolve such issues  upon evidence which is not materially in conflict (D) holding that to preserve an issue for appellate review the specific legal argument or ground upon which it is based must be presented to the trial court (E) recognizing that courts should not pass upon a constitutional question although properly presented by the record if there is also present some other ground upon which the case may be disposed of
answer:
holding that a district courts ruling may be upheld on an alternative ground supported by the record


question:
the necessity for government to be able to take private property for governmental purposes, see The Federalist No. 10 (James Madison), that power could be exercised only by making the private property owner whole. Thus the distinction plaintiffs attempt to draw is unavailing. Analytically, whether common law-based tort and contract law is subject to statutes of limitations, with or without sovereign immunity in the case of suits against the government, is unrelated to the question of whether constitutionally based takings claims may be made subject to such statutes. Which leads to the question of the applicable law. This court hears a goodly number of takings cases. In some the plaintiff property owner prevails. See, e.g., Ciéne-ga Gardens v. United States, 331 F.3d 1319 (Fed.Cir.2003) (<HOLDING>); Palm Beach Isles Assocs. v. United States, 
 Holding statements: (A) holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts (B) holding that island owners had rights to the thread of the channel (C) holding housing statutes create no rights in tenants for purposes of section 1983 (D) holding that a cause of action for an unconstitutional taking accrues at the time the taking occurs (E) holding that statutory abrogation of lowincome housing owners contract rights was a taking
answer:
holding that unenforced tobacco regulations did not constitute a taking of vending machine owners contracts


question:
estate in the excess area are subject to the area connection charge if they connect, directly or indirectly, to the water main “to service the real estate situated in the excess area or adjacent to the excess area[.]” (App. 90; Appellee’s Addendum 4) (emphasis added). Thus, the language of Section 4.1, agreed upon by the parties, shows that the intent of the parties was that the area connection charge would be assessed against excess area owners in two specified situations. Because the trial court erroneously interpreted the contract as a matter of law, we reverse the trial court’s grant of Hunt-ertown’s partial summary judgment motion and denial of Carroll Creek’s cross-motion for summary judgment and remand for further proceedings. See, e.g., Bhd. Mut. Ins. Co., 971 N.E.2d at 132-33 (<HOLDING>). See also Singleton, 977 N.E.2d at 968 
 Holding statements: (A) holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings (B) holding that we are not at liberty to rewrite a contract and reversing a trial courts grant of summary judgment where the court erred in interpreting the contract (C) holding that trial court may not grant summary judgment by default  when the movants summary judgment proof is legally insufficient (D) recognizing the general rule which permits judicial notice of a courts prior cases to support a motion for summary judgment but reversing because in his order the trial judge made no specific reference to the basis for his grant of summary judgment (E) holding that the trial court may not grant summary judgment on a ground not raised in the motion
answer:

holding that at summary judgment hearing trial court erred by considering theory not raised in the pleadings