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PHOENIX (AP) — A judge has dismissed a lawsuit filed by Arizona’s attorney general against the state university system alleging tuition is so high it violates the state Constitution.

Thursday’s ruling by Maricopa County Superior Court judge Connie Contes says Attorney General Mark Brnovich has no authority to sue over the issue.

Brnovich sued the Arizona Board of Regents in September, saying a yearslong series of tuition increases violated a Constitutional provision that says public university tuition must be as close to free as possible.

He also sued over their decision to provide lower in-state tuition rates for young immigrants who were granted deferred deportation status. The state Supreme Court ruled earlier this month in another case that those students don’t qualify.

Brnovich spokeswoman Mia Garcia says he is considering whether to appeal.