Attorney General Mark Brnovich Wednesday announced he has petitioned the Arizona Supreme Court to review the dismissal of his Office’s lawsuit against the Arizona Board of Regents for skyrocketing tuition and fees at the state’s public universities.
“I am committed to fighting for hard working taxpayers and those seeking higher education,” said Attorney General Mark Brnovich. “It’s a compelling case that could positively impact the lives of so many Arizonans. I hope the Arizona Supreme Court will confirm that the merits of this case should be heard.”
Since 2017, the Attorney General’s Office has sought court review of ABOR policies and practices for unlawful tuition and fee-setting actions, as well as public money subsidies paid to ineligible students under state law.
Arizona’s Constitution requires instruction at the state’s public colleges to be provided “as nearly free as possible.” Nevertheless, the Arizona Board of Regents has increased tuition and mandatory fees at state universities by over 300% since 2003.
The petition also seeks clarity on a 1960’s case ruling Arizona State Land Department v. McFate. Last month, the Arizona Court of Appeals unanimously concluded McFate's limitation on the Attorney General’s authority to initiate lawsuits “appears to be flawed.”
"We can all agree that the people of Arizona deserve clarity on the core questions in this case and that can only come from the Arizona Supreme Court,” said Brnovich. “It’s about leaving the office in a better position so future Attorneys General can continue to protect Arizonans."
No set timetable exists for when the Supreme Court will decide whether to take the case. ABOR will have 30 days to file a response.