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Judge finds Brnovich too late to file lawsuit in ASU-hotel deal

Arizona Attorney General Mark Brnovich (Flickr/Gage Skidmore)

PHOENIX (AP) – Arizona Tax Court has ruled against Attorney General Mark Brnovich in his lawsuit against a deal between Arizona State University and hotel developers.

Judge Christopher Whitten declared Wednesday that Brnovich’s office filed the suit after the one-year statute of limitations expired.

In July, Whitten had initially permitted the lawsuit to proceed but dismissed three other legal claims Brnovich made.

Brnovich argued the deal was an unconstitutional gift to developers.

Building the hotel on university land would make it exempt from property taxes.

ASU officials said in a statement that that they were happy with the ruling.

Arizona Board of Regents Chair Larry Penley said in a statement that leveraging campus real estate is a legitimate way to generate revenue.

In a statement of his own, Brnovich says he will appeal.

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