CASCADE, Md. – After years of court battles, fundraisers and community protests, residents fighting to keep a Dollar General store away from historic Fort Ritchie are conceding defeat following a Maryland appellate court ruling that upheld the project’s zoning approval.
In a statement expressing heartbreak and frustration, the Committee to Protect Our Mountain said it sees little prospect of overturning the October 6 decision, which ruled 2-1 in favor of the developer and reversed a lower court order requiring further review.
“We are heartbroken,” the committee wrote in a Facebook statement. “After five years fighting the good fight, we are now left with few legal options to continue.”
The proposed 12,480-square-foot DG Market would stand on McAfee Hill Road, across from an entrance to Fort Ritchie, the former military installation undergoing a revival as a center for small businesses, housing and community activities.
Opponents have argued that the chain store would undermine Cascade’s rural character, compete with locally owned businesses, increase traffic and lighting, and diminish property values near the historic site.
The October 6 ruling represents a major setback for a grassroots campaign that has united longtime residents, business owners and preservation advocates in one of Washington County’s smallest communities.
A grocery store or a general merchandise store?
At the center of the dispute was a seemingly simple question: Can a Dollar General legally be considered a grocery store?
Washington County’s Rural Village zoning rules allow grocery stores by special exception but do not specifically permit general merchandise stores. The developer, Outdoor Contractors Inc., argued that its proposed DG Market would qualify because it would sell groceries and household supplies, with approximately one-third of its retail space devoted to food and produce.
The Washington County Board of Zoning Appeals agreed, twice approving the project. Opponents challenged those decisions in Circuit Court, which twice sent the matter back for further consideration.
But the Appellate Court of Maryland concluded that the zoning board had sufficient evidence to find the proposed store functionally similar to a grocery store. The majority also upheld the board’s determination that the project would not create adverse effects beyond those associated with comparable permitted uses.
Judge Robert McDonald dissented in part, arguing that further consideration was warranted on aspects of the zoning analysis.
The decision reverses the Circuit Court’s latest order and directs it to uphold the zoning board’s approval.
A community that refused to give up
The campaign grew far beyond the courtroom.
Residents organized fundraisers, attended public hearings, circulated petitions and pressed county officials to strengthen protections for rural villages. By December 2025, the group had collected more than 750 signatures supporting a proposed zoning amendment that would restrict small-box retail stores near historic properties.
The community also raised more than $50,000 for its campaign, a considerable undertaking for a small village.
Danielle Durning, a lifelong Cascade resident whose property borders the proposed store site, became one of the campaign’s leading organizers. In an earlier interview with LocalNews1.org, she described how the struggle had strengthened neighborhood ties.
“It’s been really cool to see the community come together to oppose this,” Durning said last December. “We’ve developed a stronger sense of solidarity.”
Another major concern was the future of Sanders Market, a family-owned grocery business that has served Cascade for decades.
Julie Sanders, whose family operates the market, told LocalNews1.org in July 2025 that allowing a national chain store into the village could change the community permanently.
“If we let one box store in, then the lanes are open for anyone else to come in,” she said. “It’s our small rustic community, where everybody takes care of everybody else.”
The committee’s latest statement thanked its attorney, Michele McDaniel Rosenfeld, for providing substantial pro bono legal assistance, along with the residents who donated money, attended hearings and continued supporting the effort through years of setbacks.
“This effort showed what a fabulous community we live in,” the group wrote.
From the courts to the ballot box
Although the committee has not formally ruled out seeking review by the Supreme Court of Maryland, it said such an appeal would be unlikely to succeed because the dispute involves a narrow provision of Washington County’s zoning ordinance.
The group now appears ready to redirect its efforts toward county politics.
“OUR BEST OPTION IS TO ELECT NEW COMMISSIONERS,” the statement declared, calling for elected officials who will balance economic development with preservation of the county’s historic and rural communities.
The status of the group’s separate zoning amendment proposal remains unclear. The appellate decision resolves the challenge to the special exception approval but does not establish when construction might begin.
For the residents who spent years fighting the project, the court ruling marks the apparent end of a long legal struggle. Their final message suggests that the argument over Cascade’s future is far from over.
