With no explanation, chose the best option from "A", "B", "C" or "D". of the Lemmon Avenue Terminal gates, they are entitled to partial summary judgment: “The [WARAj’s mandate that Dallas demolish the passenger gates deprives [Love Terminal Partners] of its pre-existing property right to exclude others (including Dallas) from invading these gates to destroy them. The legislative deprivation of [plaintiffs’] right to exclude, without more, constitutes a taking.” Pls.’ Cross-Mot. 30. The physical taking issue turns on the court’s interpretation of the requirements arising under the WARA and is an issue of law that can be adjudicated on a motion for summary judgment. See Billings v. United States, 322 F.3d 1328, 1332 (Fed.Cir.2003) (“The underlying issue, one of statutory ... construction, is a question of law_”); Santa Fe Pac. R.R. Co., 294 F.3d at 1340 (<HOLDING>); see also Palmyra Pac. Seafoods, L.L.C., 561

A: holding that constitutional questions will not be decided if case can be decided on other grounds
B: holding that it may be decided as a matter of law
C: recognizing in a takings case that issues of statutory interpretation and other matters of law may be decided on motion for summary judgment
D: holding that a judgment on appeal constitutes the law of the case as to particular issues decided and is applicable throughout subsequent stages of the case
C.