The state Supreme Court will hear an appeal Thursday from Attorney General Mark Brnovich, who is trying to revive challenges on a deal between Arizona State University and a hotel developer.
The Arizona Tax Court ruled Brnovich had no authority to sue the Board of Regents over a deal that says the hotel developer did not have to pay taxes.
This was upheld in the Arizona Court of Appeals because ASU owns the land and isn’t subject to taxation.
While Brnovich amended his lawsuit saying the university violated the constitution’s gift clause, both of the courts said he filed too late and was barred by statute of limitations.
While Brnovich argues the Board of Regents exceeded its power to enter into leases for public purposes, the Regents say the university would benefit from the hotel, as it’ll pay more than $100 million in rent over 60 years.
