Officials of the Town of Sunnyville Were Concerned About the Number

Officials of the town of Sunnyville were concerned about the number of dogs running loose. They set up a new administrative agency called "Dog Control." The new agency issued a regulation that all dogs must be on leash in public. Tony who had moved to Sunnyville in the previous month did not own a dog and had no plans to get one. He, however, thought the regulation was outrageous and decided to sue on the basis that it was not validly enacted. Mona, another resident, was also concerned about the law. She rents a home with a fence in the backyard that was in public view. She was concerned that the regulation would be applied to her dogs while in the fenced area. She decided to bring a preemptive strike and sue the city for revocation of the regulation before the city could sue her. Both Tony and Mona rush to file suit before the city has a chance to take any action to enforce the new rule.
-Refer to Fact Pattern 6-2.Which of the following is the best defense the city has against the lawsuit brought by Tony?

A) That Tony lacks standing to sue.
B) That courts have no authority to determine the validity of agency rules.
C) That Tony lacks permission of the agency to sue since authorization of the agency is required prior to a lawsuit challenging the validity of an agency regulation.
D) That Tony has not lived in the jurisdiction for at least a year since residence in the jurisdiction for at least a year is required in order to challenge the validity of a local regulation.