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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110473
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I had a protest hearing in June with the Galveston County

Customer Question

I had a protest hearing in June with the Galveston County Appraisal Review Board. My entire protest was based on Section 42.26(a)(3). I had five properties with $31,000 lower appraised value than mine. The ARB appraiser then got up and showed a copy of five properties almost the exact same value as mine.
The ARB chair then announced that the GCAD case was stronger because of a preponerence of evidence and therefore turned down my protest.
I was under the impression that 42.26(A)(3) was supposed to win it for me. Is there a legal document that says what the ARB said it legally correct?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Lawyers face this issue all the time. We go to court with a statute and evidence we believe should win the case, but arbitrators or hearing officers or even judges rule against us. This is what the appeals process is for. So your next step is that you have to file a petition to vacate administrative decision and prove in court that the assessor's ruling was contrary to the law since you proved there were a reasonable number of similar or identical properties in the area with different appraisals as the statute requires. A court may vacate an administrative decision when it is obtained by fraud or when it is contrary to law. In this case, it is contrary to law according to the evidence you say you presented and as such your next step is an appeal to the court to get the decision vacated.

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