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STATE v. ARIZONA BD. OF REGENTS

No. CV-21-0134-PR.

507 P.3d 500 (2022)

STATE of Arizona, et al., Plaintiffs/Appellants, v. ARIZONA BOARD OF REGENTS, et al., Defendants/Appellees.

Supreme Court of Arizona.

Filed April 5, 2022.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Joseph A. Kanefield , Chief Deputy and Chief of Staff, Brunn ("Beau") W. Roysden, III , Solicitor General, Michael S. Catlett , Deputy Solicitor General, Phoenix; and Brian M. Bergin (argued), Brent Demmitt , Bergin Frakes Smalley & Oberholtzer PLLC, Phoenix, Attorneys for State of Arizona and Mark Brnovich.

Paul F. Eckstein , Joel W. Nomkin (argued), Shane R. Swindle , Thomas D. Ryerson , Austin C. Yost , Perkins Coie LLP, Phoenix, Attorneys for Arizona Board of Regents and John P. Creer.

Brett W. Johnson , Colin P. Ahler , Tracy A. Olson , Snell & Wilmer LLP, Phoenix, Attorneys for Arizona Board of Regents.

David J. Cantelme , D. Aaron Brown , Cantelme & Brown P.L.C., Tempe, Attorneys for Amicus Curiae Vince Leach.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK, BEENE, MONTGOMERY, and JUDGE STARING joined.

¶1 We consider the scope of three statutes the Attorney General invoked to challenge an agreement the Arizona Board of Regents ("ABOR") entered into with a private company for the latter to construct and operate a hotel and conference center on ABOR-owned property. We conclude that (1) to initiate an action...

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