Arizona Supreme Court rejects attorney general’s attempt to expand power; says lower court erred on tuition claim

As published by The Arizona Republic

By Maria Polletta | Arizona Republic

The Arizona Supreme Court on Wednesday largely upheld a lower court’s decision to toss out a lawsuit challenging how Arizona universities handle in-state tuition — a blow to Attorney General Mark Brnovich, who’d fought to redefine the scope of his power throughout the case. 

Brnovich did prevail, however, in getting one part of his suit against the Arizona Board of Regents a new day in court: The justices declared a claim involving tuition for students without legal immigration status had been dismissed “prematurely.”

Brnovich sued the board in September 2017, alleging the regents had flouted a constitutional provision requiring state universities to be as close to free as possible. Over 15 years, the lawsuit said, the regents had raised tuition from about $2,600 a year to as much as $12,228 a year for in-state students. 

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