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: determination under the reasonableness test as clearly erroneous, we perceive no error. JUDGMENT AFFIRMED; COSTS TO BE PAID BY APPELLANT. 1 . Appellees’ original complaint was filed before the bylaw amendment was passed. 2 . The lobby, which per Paragraph 7(c) of the Ridgely Declaration is explicitly characterized as a common element, was refurbished in 1990 out of common funds consisting of contributions from each unit owner. To deny the use of the lobby to clients of the commercial owners constitutes an ultra vires taking of a portion of their percentage interest in the common areas in derogation of the Ridgely Condominium declaration as well as certain provisions of the Maryland Condominium Act. Paragraph 8 of the Ridgely Declaration, in pertinent part, provid 495, 500 (1991) (<HOLDING>). See also Jarvis v. Stage Neck Owners Ass'n, 
 Holding statements: (A) holding that the defendants presence in a dark alleyway at six oclock in the morning behind a closed business in an exclusively commercial area supported the investigative stop and explaining that knowledge of recent burglaries in an area is a relevant circumstance to be considered in determining the reasonableness of an officers suspicion because knowledge of the character of the area is part of an officers expertise (B) recognizing that unit owners own the common elements in fee as tenants in common (C) holding that the requirement of explicitly and prominently was intended by the legislature to ensure that the declaration give unequivocal notice to the project unit owners of the authorization for such use (D) holding that the grant of exclusive use to one unit owner of a common area is sufficient to change the relative interest of the unit owners in that common area (E) holding that the statute in question served to modify prior common law and that the legislature was empowered to make such changes in the common law based on the public interest

A: (D)
****
Q: other non-Virginia cases offer a compelling basis for adopting the per se rule Allied has proposed. In National City Bank v. Fleming, 2 Ohio App.3d 50, 440 N.E.2d 590, 599 (1981), for instance, the court said: It has long been the law of equity that a person who confers a benefit either directly or indirectly upon another in the course of performance of a contract with a third person is not entitled to compensation ... merely because of the failure of performance by the third party. However, where it appears from all the facts that the conferral of such benefit was the product of fraud, misrepresentation or bad faith by the party accepting and retaining such benefit, equity will imply an obligation to make payment therefor. See Costanzo v. Stewart, 9 Ariz.App. 430, 453 P.2d 526 (1969) (<HOLDING>), (emphasis added) (some citations omitted). 
 Holding statements: (A) holding that a hospital could not be an erisa beneficiary (B) holding that the thirdparty beneficiary theory did not apply (C) holding that a duty may be owed to a beneficiary of a consensual relationship akin to that of a thirdparty beneficiary of a contract where the professional has actual knowledge that the services being provided are in part for the benefit of such third persons (D) holding that a contract beneficiary may be liable in restitution where the beneficiary by his conduct induces the conferral of the benefit (E) holding change of beneficiary effective where city employee listed a new beneficiary for his group life insurance policy in an employee personal data form next to the words designated beneficiary even though this did not comply with the policy terms

A: (D)
****
Q: shall discharge the prisoner or resentence hi ant is found guilty on a multicount indictment, there is a strong likelihood that the district court will craft a disposition in which the sentences on the various counts form part of an overall plan. When the conviction on one or more of the component counts is vacated, common sense dictates that the judge should be free to review the efficacy of what remains in light of the original plan, and to reconstruct the sentencing architecture upon remand, within applicable constitutional and statutory limits, if that appears necessary in order to ensure that the punishment still fits both the crime and the criminal. United States v. Pimienta-Redondo, 874 F.2d 9, 14 (1st Cir.1989), cert. denied, 493 U.S. 890, 110 S.Ct. 233, 107 L.Ed.2d 185 (1989) (<HOLDING>). Furthermore, a court sentencing a defendant 
 Holding statements: (A) holding that resentencing is required (B) holding that in addition to a remand for clarification another option in these circumstances is to remand for resentencing (C) holding that the double jeopardy clause did not bar resentencing on counts that were affirmed on appeal when a sentence of imprisonment on another count was vacated (D) holding that on direct appeal appellate court may remand for resentencing of all counts (E) holding that issues underlying all counts were sufficiently intertwined that the separate appeal of the summary judgment counts would complicate the trial of the remaining counts

A:
(D)
****
