Arizona Supreme Court revives AG Mark Brnovich's lawsuit against ASU's hotel development plan

The Arizona Supreme Court on Tuesday revived a lawsuit filed by Attorney General Mark Brnovich against the board that oversees the state’s three public universities over a hotel development agreement, giving him the right to try to prove the deal doesn’t benefit taxpayers.

The ruling revived two of four allegations the attorney general made in the lawsuit he filed in January 2019 against the Arizona Board of Regents. All four had been dismissed by a lower court in a ruling upheld by an appeals court. 

Brnovich alleged the deal the Regents approved between Arizona State University and Omni Hotels to build a hotel and conference center on land the university owns in Tempe does not benefit taxpayers and is a illegal gift of public monies to Omni. He also alleged the Regents exceeded their legal authority when they agreed to the deal.

The high court did not rule on the merits of those allegations, and they now go back to a trial court for resolution. The Republican attorney general, who is running for U.S. Senate, wants ASU’s deal with the hotel developer voided.

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