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. 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.
question:
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
answer:
(A)

question:
did not expressly note the officers' purpose in knocking on the defendant's door, but it is fairly clear from our description of the facts that they intended to arrest him. Although the defendant was standing inside the doorway of his room, we held that the officers lawfully arrested him because he " 'voluntarily exposed himself to warrantless arrest' by freely opening the door of his motel room to the police." Id. at 1426 (quoting United States v. Johnson, 626 F.2d 753, 757 (9th Cir.1980)). Unlike the officers in Jardines and in this case, the officers in Vaneaton were standing in the common space of a motel when they knocked, rather than in the curtilage of a home. We therefore have no need to overrule Vaneaton. See Miller v. Gammie, 335 F.3d 889, 899-900 (9th Cir.2003) (en banc) (<HOLDING>). Whether Vaneaton remains good law after
Holding statements: (A) holding that a three judge panel is free to reexamine the holding of a prior panel when the supreme court has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (B) holding that a threejudge panel may depart from circuit precedent that has not been expressly overruled when an intervening en banc or supreme court decision has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (C) holding that where the relevant court of last resort has undercut the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable then a threejudge panel of this court and district courts should consider themselves bound by the intervening higher authority and reject the prior opinion of this court as having been effectively overruled (D) holding that a three judge panel is not bound by prior circuit precedent if an intervening decision of a higher authority undercuts the theory or reasoning underlying the prior circuit precedent in such a way that the cases are clearly irreconcilable (E) holding a threejudge panel may not reexamine normally controlling circuit precedent in the face of an intervening united states supreme court decision unless the reasoning or theory of our prior circuit authority is clearly irreconcilable with the reasoning or theory of intervening higher authority
answer:
(A)

question:
and Remedies Code places certain procedural requirements on claims against licensed or registered architects, engineers, land surveyors, and landscape architects. See id. 150.001-008 (West 2011). Cases governed by this chapter have involved negligence claims against non-manufacturers based on the design of improvements to real property. See, e.g., Sharp Eng'g. v. Luis, 321 S.W.3d 748, 752 (Tex.App.Houston [14th Dist.] 2010, no pet.) (concluding section 150.002 was not satisfied with respect to carpenter's claim against engineers for negligent design of roof that carpenter fell through while performing framing work); Elness Swenson Graham Architects, Inc. v. RLJ II-C Austin Air, LP, No. 03-10-00805-CV, 2011 WL 1562891, at *5 (Tex.App.-Austin Apr. 20, 2011, pet. denied) (mem. op.) (<HOLDING>). Occidental relies on New Texas Auto Auction
Holding statements: (A) holding that an architect whose negligent design and supervision of construction render a building unfit for use may be liable in tort to a commercial tenant who suffers economic loss as a result (B) holding former plant owner liable for its negligent design of conveyor belt (C) holding that section 150002 was satisfied with respect to hotel owners claims against former owners architect for negligent design of foundation and drainage (D) holding with respect to class iii device not subject to pma process that negligent marketing and inadequate warning claims were preempted but defective design claim was not preempted because no fda design requirement existed (E) holding former plant owner liable for negligent design of conveyor belt
answer:
(C)