PHOENIX ÷ A lawsuit filed by four UA students who argued that last year's $1,010 tuition hike violated a state constitutional mandate that higher education be "as nearly free as possible" has been dismissed.

Maricopa County Superior Court Judge Rebecca Albrecht ruled that the Arizona Board of Regents and the state Legislature did not violate that promise by forcing the UA to raise tuition by 40 percent as the plaintiffs alleged in the claim.

The suit, filed in August by UA students Rachel Wilson, Adrian Duran, Sam Brown and former state Rep. John Kromko, claimed that the Legislature failed to give enough money to the state universities to cope with increased enrollment and, in turn, forced the regents to approve the record-breaking tuition hikes.

Albrecht's decision hinged on the absolute immunity to make budgetary decisions vested in the Legislature, and the regents' statutory power to "effectively manage schools."

"A public entity, such as the board of regents, is not liable for any acts that arise from the exercise of its administrative functions, including the determination of how to provide the resources necessary for the universities," Albrecht said.

The ruling doesn't address the constitutionality of the increases, pitting the decision only on the legality of suing public entities.

Albrecht said the claim did not challenge the decision-making process behind the tuition increase, but instead challenged the increase itself.

Tucson attorney Paul Gattone, who represented the students in the suit, said he was "frustrated and surprised" by the judge's decision.

"To say that we had not challenged the legality of the increase, to say that we were just unhappy with the decision to increase tuition · of course we are unhappy with the decision, because it's illegal," Gattone said.

Gattone said his clients are considering appealing the decision.

"It's an important enough issue that I think it continues to need to be reviewed by a court of law," Gattone said. "I think we are once again seeing education being priced at a level that can only be afforded by the upper class."

Kromko paid many of the legal fees in the suit and said they will have to look to outside funding if they decide to appeal.

"I can't believe that the judge would make a decision like that," Kromko said. "Apparently the Legislature doesn't have to fund the public schools."

Kromko said the immunity granted to the Legislature and the board of regents is itself a violation of the Constitution.

"The whole concept that it wouldn't be enforceable is unbelievable," Kromko said. "If the Constitution can't protect the people's rights, what's it for?"

With another round of tuition increases on the horizon, which could be as much as a $490 hike, the decision upheld the regents' policy of keeping tuition at the top of the bottom third of its peer state research institutions.

"I think the courts recognize the constitutional authority the Arizona Board of Regents has in the matter of setting tuition," said Regent Jack Jewett.

President Peter Likins has said that the $490 hike would be the last significant hike students would face because it would raise in-state tuition to a stabilization point atop the bottom third.

That increase would bring the cost of resident undergraduate tuition to $3,998.

Likins will also request tuition hikes of $700 for nonresident undergraduates and graduate students, and $490 for in-state graduate students, he said earlier this month.

Kromko said the fact that Albrecht's decision won't stop another round of tuition hikes is devastating.

"I feel so bad because you could see that students were beaten down because they felt like they didn't have the power to do anything about it when we started this, and now this just makes it worse.

"Likins is already out of control, and now God knows what he is going to do," Kromko said.