State ex rel. Brnovich v. Arizona Board of RegentsAnnotate this Case
In this lawsuit brought by the Attorney General against the Arizona Board of Regents challenging certain tuition policies, the Supreme Court affirmed in part and reversed in part the judgment of the trial court dismissing the action, holding that the Attorney General was not authorized to proceed with its first set of claims but that the trial court erred by granting the motion to dismiss the latter challenge.
The Attorney General alleged that the Board's tuition-setting policies violate Ariz. Const. art. XI, 6 and that subsidizing in-state tuition for students who are not lawfully present constitutes an unlawful expenditure of public funds. The trial court dismissed the complaint, concluding that the Attorney General lacked authority to bring it. The Supreme Court affirmed in part and reversed in part the trial court's decision, holding (1) Ariz. Rev. Stat. 35-212 did not provide a basis for counts I-V, and therefore, the trial court properly dismissed those claims for lack of authority on the part of the Attorney General to prosecute them; and (2) the trial court erred in dismissing count VI because the Attorney General was entitled to prove that, in providing in-state tuition on behalf of students were not not lawfully present, the Board illegally expended funds beyond the amount of tuition collected.