Board of Regents win fees, costs in court case over real estate deal


An Arizona judge has ordered one part of the state government to pay over $982,000 to another part of state government for attorney and legal fees in a court case stemming from a real estate development.

The ruling Wednesday by Tax Court Judge Christopher Whitten in favor of the state Board of Regents follows Whitten’s November ruling against Attorney General Mark Brnovich’s lawsuit challenging a deal between Arizona State University and hotel developers.

The Board of Regents, which oversees the state university system, prevailed in the court case in November when Whitten ruled that Brnovich’s office filed the lawsuit after the one-year statute of limitations expired.

Brnovich argued the deal was an unconstitutional gift to developers. Building the hotel on university land would make it exempt from property taxes.

Brnovich plans to appeal Whitten’s decision granting summary judgment to the Board of Regents.


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