What You Need To Know About Montana’s Property Tax Lawsuit

By The Hollinger Team

Diana, Kellie, Dane, Drew and I have over 85 years of experience in Montana real estate, specializing in waterfront properties. Let’s see what we can find for you.

Did Montana’s 2023 “tax cut” leave you with a bill that feels more like a penalty? If you’re among the countless homeowners in the Flathead Valley who opened a property tax statement to a shocking 50% or even 100% increase, you understand the betrayal. What was sold as relief has become a financial crisis for retirees and fixed-income residents.

According to experts and the outcry from our community, the legislation wasn’t a cut; it was a shifting of the tax burden, creating severe and unfair economic strain. This article breaks down the problem and reveals the critical, new constitutional lawsuit filed by former State Senator Greg Hertz to challenge it. We’ll show you exactly how you can help fight back.

The Hollinger Team has fielded countless calls from distressed homeowners. The consensus is clear: this was an ill-conceived bill that masqueraded as relief while placing a crushing burden on those who can least afford it, people who worked their whole lives for their property.

A burden shift, not a spending cut. The state did not reduce its spending. Instead, the law redistributed the tax load, disproportionately impacting certain homeowners. For many, especially those on fixed incomes, this has turned a predictable expense into a threat to their financial stability and ability to stay in their homes.

Retirees and fixed-income homeowners hit hardest. We are seeing the direct results: seniors and long-time residents with limited incomes facing unprecedented hikes. A 50-100% increase isn’t just an inconvenience; it’s a life-altering financial blow that contradicts the promise of tax relief.

The legal challenge: A constitutional lawsuit is filed. Former State Senator and Representative from Polson, Greg Hertz, is now taking action. He is filing a lawsuit challenging the tax bill based on specific provisions within the Montana Constitution that prohibit the kind of unequal burden shifting that this law enacted. Here’s what Former Senator Hertz had to say:

From: Greg Hertz

To: All Concerned

I have been working with other legislators and taxpayers, and we have entered into an agreement with an attorney to file a lawsuit in regard to the property tax bills passed by the Montana 2025 legislature.

The primary basis for this lawsuit will be that the bills passed violated Article V, Section 11 of the Montana Constitution. Our plan is to file this lawsuit in the next few weeks, with the hope of getting it through the court system before the 2027 legislative session, which begins on 1/04/2027.

Since this is a narrowly focused lawsuit, the estimated cost of this litigation will be between $25K to $50K. If you can make a donation, it would be appreciated. My goal is a minimum of 50 people at $1,000 each or more; however, any amount is appreciated. These donations will be processed through Montana Policy Action, a 501(c) (4) organization. All donations to this organization are confidential and are not available for public disclosure.

Donations can be sent to:

Montana Policy Action
115 N Broadway, Suite 410
Billings, MT 59101
Greg Hertz 406-253-9505
greghertz11@gmail.com

If you want to support this initiative, here are some waysyou can get involved: donate, become a plaintiff, and inform yourself. This lawsuit needs public support to succeed, and homeowners can contribute financially to help fund the lawsuit.

You can download the official MPA Contribution Form here to mail with your donation. For many, a donation would be a fraction of their unexpected tax increase. You can also apply to be included as a named plaintiff in the case, strengthening its standing. Lastly, read the specific constitutional sections that form the basis of the challenge.

Our goal is to fix the problem before it does lasting damage. The aim is to move quickly to get a judicial review and correction, preventing a lingering, difficult period for Montana taxpayers and preserving property rights for all. This is a pivotal moment. The lawsuit represents a structured, legal path to potentially reverse this unfair tax shift. Your involvement can directly influence the outcome.

This fight is about fairness and protecting what you’ve worked for. Supporting this lawsuit is an investment in correcting a profound injustice.

If your Montana property taxes have skyrocketed and you want to help support the constitutional challenge, contact the Hollinger Team for more information and direct resources. Call us at 406-837-5531, email ScottHollingerMT@gmail.com, or visit flatheadrealestate.com.

Remember: this is more than a lawsuit; it’s our community’s stand against an unfair law that threatens the very foundations of homeownership in Montana.