Attorney fights tax-appraisal challenge procedures

Veteran Kalispell attorney Dale McGarvey has won the moral support of the Flathead County commissioners in pursuing changes in the procedures for protesting property tax appraisals.

In a presentation to the commissioners Tuesday morning, McGarvey said confidentiality requirements in a state Department of Revenue tax protest affidavit conflict with legal discovery laws.

A person who signs the affidavit cannot share confidential appraisal values on neighboring properties and other information with an attorney, an appraiser or experts who might be enlisted in challenging a property appraisal.

Protesting an appraisal must be done "with one hand tied behind your back," said McGarvey, who warned the commissioners that he will sue if necessary to ensure that he is entitled to proper discovery in his appraisal protests.

If that happens, he said, the county could find itself in a position where tax revenues are tied up pending the outcome of the case.

McGarvey noted that 50 years ago, he convinced the county commissioners to suspend a reappraisal for two years. But that is no longer possible because changes in state law gave tax appraisal and collection authority to the state.

The commissioners said they would support McGarvey in his talks with the Department of Revenue.