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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ex Input:
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

Ex Output:
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

Ex Input:
Mickey v. Zeidler Tool & Die Co., 516 F.3d 516, 523-26 (6th Cir.2008). Here, the Plaintiff was terminated by the Defendants three weeks after the filing of the Complaint in this case. This close temporal proximity between the Plaintiffs protected activity and the adverse employment action is sufficient evidence such that a reasonable juror could conclude that the adverse employment action would not have occurred but for his engagement in pro tected activity. See Dixon v. Gonzales, 481 F.3d 324, 334 (6th Cir.2007) ("This Court typically [has] found the causal connection element [is] satisfied only where the adverse employment action occurred within a matter of months, or less, of the protected activity"); see also Herrera v. Churchill McGee, LLC, 545 Fed.Appx. 499, 501 (6th Cir.2013) (<HOLDING>); Shefferly v. Health Alliance Plan of Mich.,
Holding statements: (A) holding that a temporal proximity of one month between the plaintiffs protected activity and adverse employment action was sufficient to establish a causal connection (B) holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity (C) holding that intervening misconduct can sever the temporal proximity connection between the protected conduct and the adverse employment (D) holding that temporal proximity between the alleged retaliators knowledge of a protected activity and an adverse employment action may be sufficient to establish causal connection or retaliatory motive in some cases (E) holding that five weeks between protected activity and adverse employment action insufficient to establish a causal connection

Ex Output:
holding in a discrimination case that a close temporal proximity sufficient to survive summary judgment existed where the challenged employment action occurred one month after the protected activity

Ex Input:
2010) (quoting Atomic Tattoos, LLC v. Morgan, 45 So.3d 63, 65 (Fla. 2d DCA 2010)). However, "the protection of former customers generally does not qualify as a legitimate business interest where no identifiable agreement exists with such customers establishing that they would return with future work." Carter, 9 So.3d at 1265 (citing Ethan Allen, Inc. v. Georgetown Manor, Inc., 647 So.2d 812 (Fla.1994)). Additionally, protection of an employer from ordinary competition is not a legitimate business interest, and a covenant designed solely for that purpose will not be enforced. PartyLite Gifts, Inc. v. MacMillan, 895 F.Supp.2d 1213, 1224 (M.D.Fla.2012) (interpreting section 542.335(1)(b) and (c), Florida Statutes); Colucci v. Kar Kare Auto. Grp., Inc., 918 So.2d 431 (Fla. 4th DCA 2006) (<HOLDING>). The party seeking enforcement of the
Holding statements: (A) holding similar agreement void on public policy grounds (B) holding that prospective waivers of claims are void as against public policy (C) recognizing an agreement whose sole purpose is to prevent competition per se is void as a matter of public policy (D) holding physicians covenants not to compete are unenforceable and void as a matter of public policy (E) holding that where agreement prohibits recovery of attorneys fees in civil rights case the relevant portions of the arbitration policy are therefore void as against public policy

Ex Output:
holding similar agreement void on public policy grounds