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.
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Question: that placed a forty-five day time limit on the administrator’s decision to grant or deny a license. See Redner, 29 F.3d at 1500. In the event the administrator exceeded the forty-five day time limit, the ordinance stated that “the applicant may be permitted to begin operating the establishment for which a license is sought," unless and until the County Administrator notifies the applicant of a denial of the application.” See id. at 1500-01 (citation omitted). We held that the ordinance was unconstitutional on its face because its use of the word “may” rather than “shall” allowed the individuals responsible for enforcing the ordinance to suppress the protected expression for an indefinite time period prior to any action on their part or any judicial determination. See id. at 1501 (<HOLDING>). In Lady J. Lingerie, we examined the 
 Holding statements: (A) holding that a plaintiff had standing to attack an entire ordinance including portions of the ordinance not applied to the plaintiff (B) holding that a party may not invoke the capable of repetition yet evading review exception where its failure to obtain prompt relief has prevented judicial review (C) holding also that the ordinance failed to provide for prompt judicial review (D) holding that because here the statutes in issue provide for judicial review via citizen suit provisions yet do not set forth a standard for that review judicial review is limited to apa review on the administrative record (E) holding that the llupa does not provide for judicial review of a request to change a comprehensive zoning plan

Answer: (C)


Question: diligent effort' requires such pointed measures as an examination of telephone company records, utility company records, and records maintained by the county treasurer, county recorder, or similar ree-ord keepers."). {47 Here, the motion for publication Brown filed in 1978 states that "search has been made of the public records of the County of Weld and County of Morgan, State of Colorado." Such a search, if undertaken with reasonable diligence, should have resulted in the discovery of the 1950 Deeds, as they were readily available matters of public record and part of the relevant chain of title. Each document identified Tulsa, Oklahoma, as the city of the Gadbois' residence. Brown could-and should-have discovered this information. See In re Colon, 563 F.3d 1171, 1178 (10th Cir.2009) (<HOLDING>) 4 48 Sunﬂarly, Brown could-and should-have 
 Holding statements: (A) holding that implied easement arose because each deed in chain of title referenced community plan (B) holding that a typographical error in a security deed does not necessarily invalidate the legal description when the deed also referred to the propertys physical address (C) holding that trustees have a duty to exercise the same judgment and prudence that a careful owner would exercise in the sale of his own property (D) recognizing that a per son exercising reasonable prudence and diligence in examining propertys chain of title would have located a deed containing a misstatement in its descmptlon of the property (E) recognizing that the right to seek reformation of a deed is limited to the original parties to the deed and their successors in title

Answer: (D)


Question: Board’s powers. Id. at 208. In Baker, supra at 207, the defendant expressly repre sented to the public that its computer system would prevent adverse drug interactions. In the present case, by contrast, defendants did not expressly represent to the public or anybody else that there was a one in twenty-two chance of landing on any one of the twenty-two bonus wheel payouts, including the one-thousand-coin payout. Plaintiff alleges that the actual appearance and operation of the slot machines mislead players. Because the MGCB regulates the operation of the slot machines and also determines whether the machines are misleading, defendant’s operation of the slot machines at issue in this case was specifically authorized by the MGCB. C. PLAINTIFF’S COMMON-LAW CLAIMS ARE NW2d 396 (1997) (<HOLDING>). However, notwithstanding traditional notions 
 Holding statements: (A) holding that the plaintiffs state commonlaw tort claims were preempted by the national motor vehicle safety act 15 usc 1381 et seq (B) holding that prejudgment interest ordinarily should be awarded on damages pursuant to claims under the copyright act of 1909 17 usc  1 et seq 1976 ed superceded by the copyright act of 1976 17 usc  101 et seq (C) holding buckhannon applicable to the fair credit reporting act 15 usc  1681 et seq which authorizes attorneys fees for prevailing parties (D) holding that denial of vsf benefits to disabled retirees does not violate the ada the rehabilitation act 29 usc  791 et seq or the age discrimination in employment act of 1967 29 usc  621 et seq and that plaintiffs due process and first amendment claims were frivolous (E) holding the state law claims were not preempted

Answer:
(A)