Read the following excerpt from a US court opinion:
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$25, and a single gentleman, and they can only attend on Friday night, is $100 charge. (Board Hr’g Tr. at 17.) This pricing structure seems geared more toward maintaining a felicitous gender balance for the operation of a swingers’ club than to the operation of a restaurant. It is therefore highly questionable whether the Property’s use as a club was subordinate to its use as a restaurant. However, the use of the Property as a venue for its patrons to engage in sexual activity is certainly not customary and incidental to its use as a restaurant. MAJ bore the burden of proving that the use of the Property for patrons’ sexual activity was an accessory use to the Property’s use as a restaurant. See Smith v. Zoning Hearing Board of Conewago Township, 713 A.2d 1210, 1213-14 (Pa.Cmwlth.1998) . In attempting to meet this burden, MAJ tries
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What is the most suitable continuation to the opinion? Your options are:
A. holding that owners of an airport failed to meet their burden of showing that their skydiving business was an accessory use to the airport
B. holding that defendant failed to meet the burden of strict proof required to show abandonment
C. holding plaintiffs principals failed to identify a sufficient market for their services which was an essential element for the success of their proposed business
D. holding in response to a commerce clause challenge that a city that operated an airport was acting as a participant in the market for airport rental car services
E. holding district court order of restitution failed for lack of proof when government failed to meet burden
Reply with [A, B, C, D, E] only.