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.

[EX Q]: such equitable relief as may be appropriate. 29 U.S.C. 2617(a)(1). A. Serious Health Condition Wells Fargo first argues that Vincent did not suffer a "serious health condition" as that term is defined by the FMLA. The parties agree that the Court should examine the regulations implementing the FMLA in order to determine whether Vincent suffered from a serious health condition. The parties disagree, however, as to whether the interim regulations or the final regulations, which became effective on April 6, 1995, should be used by the Court in arriving at its determination. The Court finds that the interim regulations which were in effect in January of 1995, the time of Vincent's termination, govern this action. See Gay v. Gilman Paper Company, 125 F.3d 1432, 1434 n. 4 (11th Cir.1997) (<HOLDING>). Having resolved the dispute as to which set
Holding statements: (A) holding that agency regulations cannot be applied retroactively unless congress has so authorized the administrative agency and the language of the regulations require it (B) holding that as the court has made clear in several recent decisions a claim that the application of government regulations effects a taking of a property interest is not ripe until the government entity charged with implementing the regulations has reached a final decision regarding the application of the regulations to the property at issue (C) holding that the interim regulations governed a dispute in which the serious health condition and subsequent termination occurred prior to april 6 1995 the effective date of the final regulations (D) holding that iiriras effective date is april 1 1997 (E) holding that habeas petitions challenging judgments of conviction that became final before the effective date of the aedpa are not time barred if filed within one year from aedpas effective date april 241996
[EX A]: (C)

[EX Q]: removal of the access can result in a taking under Article I, section 18, of the Oregon Constitution, if the state's use is for a purpose other than a road purpose. But, in Judge Armstrong's view, any modification of a road for road purposes that denies a landowner's access does not give rise to a compensable taking. In so concluding, Judge Armstrong discounts as "dictum" the Supreme Court rationale in Burk that an abutter's right of access to a conventional Highway "can be divested only by condemnation of the easement appurtenant to the abutting property." 200 Or at 231. Judge Armstrong explains that the court's conclusion in Burk cannot be reconciled with the court's analysis in more recent cases in the context of regulations that affect road access. See, e.g., Schrunk, 242 Or at 73 (<HOLDING>). If, Judge Armstrong's concurrence reasons, a
Holding statements: (A) holding that inverse condemnation claim challenging as a regulatory taking the states placement of a guard rail that blocked former access was not ripe for adjudication where owners had failed to apply for permit for alternative approach and it therefore was not possible to assess whether a taking had occurred as a result of a deprivation of all reasonable access (B) holding in an inverse condemnation case that the abutting landowners right of direct access was subservient to the city of portlands proper exercise of its governmental powers for purposes of public safety and convenience and that the elimination of access from the landowners property to the affected street did not constitute a taking (C) holding ripe a claim for a pre1987 taking because prior to first english california law did not permit landowners to seek compensation for a regulatory taking through an action in inverse condemnation (D) recognizing that the evidence establishes that direct access to landowners property was always from the stafford straightaway factually there was never any direct access from the stafford curve rather this portion of the roadway like davis street and the route 81 ramps was merely part of an adjacent road system providing a convenient flow of traffic in the direction of landowners property (E) holding that regulatory restrictions on abutting landowners right of ingress and egress are not compensable when landowner has adequate alternative means to access property
[EX A]: (B)

[EX Q]: no suggestion that the region to be considered is or should be confined by our State's borders, id. at 329, 3 A.3d 1268 (Skillman, P.J.A.D., dissenting) (citing Saddle Brook, supra, 156 N.J. at 597, 722 A.2d 530), he criticized the majority for relying on Justice Blackmun's concurrence when the United States Supreme Court's majority had not suggested such a limitation on the relevant market area, id. at 330-32, 3 A.3d 1268. II. This matter comes to us as an appeal as of right, arising only through the dissent in the Appellate Division. R. 2:2-l(a)(2). As such, our review is confined to the issue which was the subject of the dissent, ibid., no other matter having been brought to us through a petition for certification, see State v. Allegro, 193 N.J. 352, 371 n. 9, 939 A.2d 754 (2008) (<HOLDING>); accord, Aversano v. Palisades Interstate
Holding statements: (A) holding that a notice of appeal based on a dissent in the appellate division preserves for review only those issues on which the dissent was filed and certification must be sought separately as to all other issues (B) holding that disputed issues of fact cannot be resolved based on affidavits and must be decided based on evidentiary hearings the only admissible procedure for resolving such issues (C) holding that issues must be briefed to be preserved on appeal (D) holding that appellant did not limit his issues on appeal by gratuitously listing only some of those issues in his notice of appeal (E) holding that issues must be raised and ruled upon in the trial court to be preserved for appellate review
[EX A]:
(A)