Montana Association of Counties director Eric Bryson says 37 counties have locked-in their plans to collect less in property taxes than the state has requested.
Bryson told MTPR the association will represent Missoula County, which was sued by the state for its similar tax plan.
“Every time that there’s been an intervention on behalf of our member counties, we have won in all of those litigations, and we hope to win in this one,” Bryson said.
At the center of the dispute is a special property tax counties collect on behalf of the state that helps to equally fund public schools.
The Gianforte Administration argues Missoula County is misinterpreting state law, and that school budgets may take a hit if counties don’t levy the maximum amount of tax. They say that’s the reason they’re seeking clarification in court.
But, 36 other counties have sided with Missoula, including commissioners in Flathead County, like Randy Brodehl.
“I came into this job to do what’s right," Brodehl said in a phone interview, “not to please the governor or please anybody else, but to do what’s right. And, doing what’s right is based on the Constitution and state law.”
The counties argue that under their plan, the state will still receive more from the school tax than last year. Eric Bryson expects nearly all the state’s counties will take Missoula’s position before property tax bills begin to go out in the coming weeks.
On Wednesday, state education advocates filed a lawsuit challenging counties’ plans to lower the state’s public schools tax. The Montana Quality Education Coalition asked the Montana Supreme Court to issue an emergency order requiring all 56 counties to collect the full amount set by the state.
The state Supreme Court later weighed in, ordering all 56 Montana counties to respond to the suit. The court gave the counties one month to respond to the plaintiffs’ request.
MTPR's Shaylee Ragar contributed to this report.
