With no explanation, chose the best option from "A", "B", "C" or "D". a local government’s statutes or ordinances based on racial animus violates the Equal Protection Clause. Gettys, 215 F.Supp.2d. at 679. The task before the Court is to examine the record to determine whether there are triable issues of fact concerning whether the allegedly violative conduct occurred. IV. Summary Judgment Standard The Court may grant summary judgment when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c); Celotex Corp. v. Ca-trett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); see also Felty v. Graves-Humphreys Co., 818 F.2d 1126, 1128 (4th Cir.1987) (<HOLDING>). Nevertheless, in determining whether there is

A: holding that the defendant could not raise affirmative defenses initially in its dispositive motion but remanding the case to the trial court to determine if leave to amend answer to incorporate affirmative defenses was appropriate so that the defendant could then properly raise those defenses in its dispositive motion
B: recognizing that cases have generally treated statutory exceptions from remedial statutes as affirmative defenses
C: holding that affirmative defenses are waived if not pled
D: recognizing that trial judges have an affirmative obligation to prevent factually unsupported claims and defenses from proceeding to trial
D.