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KROMKO v. ARIZONA BD. OF REGENTS

No. CV-07-0018-PR.

165 P.3d 168 (2007)

John KROMKO; Rachel Wilson; Adrian Duran; Sam Brown, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellants, v. The ARIZONA BOARD OF REGENTS, a constitutionally and legally established entity of the State of Arizona; and the State of Arizona, Defendants-Appellees.

Supreme Court of Arizona, En Banc.

August 9, 2007.

Attorney(s) appearing for the Case

Payson & Gattone by Paul Gattone, Tucson, Attorneys for John Kromko, Rachel Wilson, Adrian Duran, and Sam Brown.

Terry Goddard, Arizona Attorney General by Mary R. O'Grady, Solicitor General, Paula S. Bickett, Chief Counsel, Civil Appeals, Bruce L. Skolnik, Assistant Attorney General, Daniel P. Schaack, Assistant Attorney General, Phoenix, Attorneys for the Arizona Board of Regents and the State of Arizona.

OPINION

HURWITZ, Justice.

¶ 1 Article XI, Section 6, of the Arizona Constitution provides for a "university"1 at which "the instruction furnished shall be as nearly free as possible." This case requires us to decide whether the superior court correctly dismissed a complaint alleging that the tuition charged at Arizona's state universities for the 2003-04 academic year violated...

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