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:
is adverse to its interests. Lamar cites no authority establishing that either "fact" was material to determining whether City exceeded the scope of its powers by surrendering and contracting away zoning authority that would otherwise have applied to Lamar's efforts to rebuild or relocate eight of the forty-two signs identified in the Agreement. For reasons we explain, neither factual contention prevented the entry of summary judgment in favor of City as a matter of law. We have already explained that the Agreement hindered City's zoning authority, and that zoning authority is an exercise of police powers. City thus established all that was necessary to demonstrate that the Agreement exceeded the scope of City's powers in violation of section 432.070. Stewart, 165 S.W.2d at 629 (<HOLDING>). It is true that "[t]he due process clauses of
Holding statements: (A) recognizing governmental interest in rehabilitation (B) holding that a local governmental body exceeds its jurisdiction under crcp 106a4 when it exercises discretion it does not have (C) holding that if a contract surrenders or contracts away governmental functions then it exceeds the scope of a governmental entitys powers and is void (D) holding governmental immunity is no defense to contractual liability (E) holding section 1010215 does not waive governmental immunity merely because a governmental action falls within the listed governmental functions thus further inquiry under the act is necessary
answer:
(C)

question:
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
answer:
(B)

question:
Brenner's ideas, concepts, and innovations are not a part of her protectable trade dress. The copying that is relevant here relates only to the total "look and feel" of the two gyms, and efforts to confuse consumers as to source. But, as discussed, the "look and feel" of the Pure Power and Warrior Fitness facilities are not substantially similar. And, there is no evidence that Defendants intended to mislead customers as to the identity of Warrior Fitness. This is not a case where Defendants profited by selling "knock-off' copies of Plaintiffs' products or services, see, e.g., Samara Bros., 529 U.S. at 205, 120 S.Ct. at 1339, and the names of the two businesses are not confusingly similar. See, e.g., Starbucks Corp. v. Wolfe's Borough Coffee, Inc., 588 F.3d 97, 118 (2d Cir.2009) (<HOLDING>); see also W.W.W. Pharm. Co. v. Gillette Co.,
Holding statements: (A) holding that the court of appeals correctly stated the public policy exception but erroneously concluded that the exception did not apply (B) holding that the white defendants association with a black defendant was not sufficient to give them standing to join in the black defendants batson challenge (C) recognizing that the district court did not reach the merits (D) holding that the district court reasonably concluded that black bear did not intend to mislead the public that the charbucks coffees were starbucks products (E) holding that the district court did not have jurisdiction and remanding the matter to state court
answer:
(D)