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.

variance criteria rendering its decision arbitrary and capricious; and, 5) erred in "taking" appellants' property without just compensation. The County supports appellants' contentions except for the last one, with which it disagrees. The County also contends the Board erred in applying the wrong law. The individual appellees, who opposed the variance applications, support the Board's decision. Discussion 1. Applicable Law A. State Law Before we address the merits of appellants' contentions, we shall address the County's contention that the Board applied inapplicable law. The County asserts that the Board incorrectly applied a presumption that the requested use did not conform to the purpose and intent of the Critical Area Program because, while that presumption was added 677 (2000) (<HOLDING>). In 2002, the General Assembly amended the
Holding statements: (A) holding that a defendant must show reasonable probability that but for the error he would not have entered the plea (B) holding that the board did not have to consider whether denying the variance would have denied reasonable and significant use of the entire lot but rather whether denying the variance would have denied reasonable and significant use of the buffer (C) holding that the court did not have jurisdiction to consider an argument not presented to the board in a motion for reconsideration (D) holding that the question of whether it might have been error for the court to have denied leave to amend is not before us because plaintiffs never requested it (E) recognizing that a district attorney must have reasonable latitude in fairly presenting a case to the jury and that the trial judge must have reasonable discretion in deciding whether the bounds of propriety have been exceeded
(B)

238 (2) (367 SE2d 786) (1988). 41 Lawyers Title Ins. Corp. v. Griffin, 302 Ga. App. 726, 730 (2) (b) (691 SE2d 633) (2010) (punctuation omitted). 42 Id. at 731 (2) (b) (punctuation omitted). 43 Fla. Int'l Indem. Co. v. Osgood, 233 Ga. App. 111, 115 (3) (503 SE2d 371) (1998) (punctuation omitted). 44 Griffin, 302 Ga. App. at 731 (2) (b) (punctuation omitted). 45 See Roland v. Ga. Farm Bureau Mut. Ins. Co., 265 Ga. 776, 778(2) (462 SE2d 623) (1995) (affirming trial court's directed verdict in favor of insured on coverage claim but, nonetheless, also affirming court's directed verdict in favor of insurer on insured's bad-faith claim in light of the fact that insured's coverage, despite ultimately succeeding, was based on a doubtful question of law); Griffin, 302 Ga.App. at 731 (2) (b) (<HOLDING>); Assurance Co. of Am. v. BBB Serv. Co., Inc.,
Holding statements: (A) holding that because insurers nonpayment was based on contention that insured did not have a covered loss under the policy because the value of the property was the same regardless of whether it was serviced by an easement nonpayment was reasonable and not subject to a badfaith claim (B) holding that regardless of the subjective belief of the insured the record established a basis to believe that the insured had committed an act that could give rise to a claim under the policy (C) holding that an insurers obligation to defend an insured was a property interest subject to prejudgment attachment (D) holding in a case involving a multiplevehicle policy that a new offer of uninsured motorist coverage was not required for the addition of a new vehicle which was comparable to the renewal or supplementation of an existing policy events that did not trigger the statutory requirement of a new offer the courts holding was based in part upon the principle that an insurance contract is personal to the insured because it insures the risk of loss to the insured and does not attach to specific vehicles (E) holding that the employer was not the insurers agent
(A)

are born free and have certain inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life's basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities. While section 3 does not refer to "fundamental rights" per se, nevertheless, we have held a right may be "fundamental" under Montana's constitution if the right is either found in the Declaration of Rights or is a right "without which other constitutionally guaranteed rights would have little meaning." Butte Community Union v. Lewis (1986), 219 Mont. 426, 430, 712 P.2d 1309, 1311-13 (<HOLDING>). The inalienable right to pursue life's basic
Holding statements: (A) holding that montanas constitution does not create a right to welfare (B) holding that the employer intended to create a new employee welfare benefit plan (C) holding that rcw 1040200 does not create a constitutional right to be advised of immigration consequences therefore failure to comply with statute does not create constitutional harm (D) holding that the constitution does not encompass a general right to nondisclosure of private information (E) recognizing that oath taken to honor state constitution makes it the justices duty to apply the state constitution when it does not conflict with the federal constitution
(A)