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.

Q: 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

A: (B)
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Q: but rather whether there is at least one common question that will generate a common answer "apt to drive the resolution of the litigation." Wal-Mart, 131 S.Ct. at 1225 (internal quotation marks and citation omitted); see also Wang, 737 F.3d at 544 ("[s]o long as there is even a single common question, a would-be class can satisfy the commonality requirement of Rule 23(a)(2)."). Here, the question of whether using the name-only matching logic assures maximum accuracy is such a question. See Acosta v. Trans Union LLC, 243 F.R.D. 377, 384 (C.D.Cal.2007) (common question of whether defendants maintained reasonable procedures to assure maximum accuracy satisfied commonality prerequisite); Clark v. Experian Information Solutions, Inc., 2001 WL 1946329, at *2 (D.S.C. March 19, 2001) (<HOLDING>). Rule 23(a)(2) is satisfied for the FCRA
Holding statements: (A) holding that the defendant conceded the accuracy of his prior convictions in his psi report by failing to object to the report (B) holding that certain information on police blotter show up and arrest sheets and front page of offense report are public information (C) holding that the plaintiff sufficiently pleaded a violation of the fcra based on extraneous information where it was alleged that the document included broad language regarding disclosure of the information the accuracy of the information the consequences of providing a false statement and the effect of a photocopy (D) holding that question of what reasonable procedures if any have been set up by the defendants to assure maximum accuracy of the information contained in the consumer report including information regarding or related to bankruptcy among other questions satisfied the commonality requirement of rule 23a2 (E) holding that the right of access to government information or sources of information within the governments control is not mandated by the first or fourteenth amendments

A: (D)
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Q: that the statute of limitations is an affirmative defense and should not be considered by the Court on a motion to dismiss. Plaintiffs further contend that in Merck & Co., Inc. v. Merck, 559 U.S. 633, 130 S.Ct. 1784, 176 L.Ed.2d 582 (2010), the Supreme Court held that the statute of limitations for securities plaintiffs only begins to run once plaintiffs are on notice of the facts constituting each element of the alleged [10(b) ] violation. Plaintiffs maintain that since scienter is one element of a 10(b)/Rule 10b-5 claim, before limitations could begin to run plaintiffs had to be on notice of specific facts evidencing Defendants' scienter of the alleged misstatements. They cite City of Pontiac General Employees' Retirement System v. MBIA, Inc., 637 F.3d 169, 175 (2d Cir.2011) (<HOLDING>). The Second Circuit remanded the suit to the
Holding statements: (A) holding that under merck a fact is not deemed discovered until a reasonably diligent plaintiff would have sufficient information about that fact to adequately plead it in a complaint ie until he can plead that fact with sufficient detail and particularity to survive a 12b6 motion to dismiss (B) holding a plaintiff must plead sufficient factual allegations to establish that a plausible contract exists but need not plead every detail of the contract (C) holding that defendant failed to plead sufficient facts and instructing the trial court to dismiss the plaintiff from the case (D) holding that plaintiff failed to plead fraud with sufficient particularity but stating that party may be entitled to lenient application of rule 9b where information is in possession of corporate defendant (E) holding that a title vii plaintiff need not plead the elements of a mcdonnell douglas prima facie case to survive a motion to dismiss

A:
(A)
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