The Arizona Supreme Court on Wednesday upheld a lower court ruling that dismissed much of the lawsuit aimed at changing how Arizona handled state tuition. This case was initiated by Arizona Attorney General Mark Brnovich (R).
Brnovich sued the Arizona Regents Board in September 2017, claiming the board was opposed to constitutional provisions that state university tuition should be as close as possible to free. That part of the lawsuit was dropped, but part of the lawsuit alleging that the board violated state rules by giving tuition fees to students without legal immigration status was allowed one more day in court.
2006, no. A voting measure bans state benefits for students without legal immigration status, and Brnovich argues that the board has provided resources to such students anyway. Attorney General seeks to recover money allegedly ‘illegally spent’ means the Republic of Arizona.
The lawsuit was originally dropped in April 2018 by a Maricopa county judge who said Brnovich had no power to sue the board without the Arizona legislature or the governor’s permission. The decision was later upheld by the Court of Appeal.
Brnovich objected to the fact that he actually had that power, as his position gave him the authority to bring matters “in the public interest”.
The Arizona Supreme Court ruled that an agreement with Brnovich on such a claim “represents a significant expansion into the power of the Attorney General, which was not conceived by either the constitution or the legislature.”
However, the court acknowledged that Brnovich had the right to “recover illegally paid public funds”. This part of the lawsuit was returned to the Maricopa County Supreme Court.
Without acknowledging the shot of the lawsuit, Brnovich celebrated the court’s decision.
“The Court has also made it clear that AG can sue if public money is disbursed illegally,” Brnovich said in his tweets. “This decision is important as we move forward in our case next week to hold AZ state universities accountable for our kind real estate deals. I will always fight on behalf of hardworking Arizona taxpayers.
This decision is important as we move forward in our case next week to hold AZ public universities accountable for our kind real estate deals. I will always fight on behalf of hardworking Arizona taxpayers.
– Mark Brnovich (@GeneralBrnovich) November 25, 2020
