By Associated Press - Tuesday, August 20, 2019

PHOENIX (AP) - An Arizona appeals court is declining to revive a lawsuit by Attorney General Mark Brnovich alleging tuition is too high at the state’s three public universities.

The Arizona Court of Appeal on Tuesday upheld a 2018 decision by the Maricopa County Superior Court. The ruling found Brnovich did not have standing to sue the Arizona Board of Regents, which oversees the three universities and approves tuition.

But the three-judge panel also said the Arizona Supreme Court case on which they based their decision may have been wrongly decided, and only the high court can reverse itself.

Brnovich says current tuition rates violate the Arizona constitution’s guarantee of a college education that’s “as nearly free as possible.”

The Board of Regents Arizona’s universities have had to struggle with declining state support.

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