CASCADE – In this rural South Mountain community, residents are moving forward with plans to submit a zoning text amendment that would bar small-box retail stores within 1,000 feet of historic sites across the county, a measure designed to prevent a proposed Dollar General market from being built near the entrance to historic Fort Ritchie.
The Committee to Protect Our Mountain, an all-volunteer coalition, sees the zoning amendment as a critical tool to clarify and strengthen protections in the Rural Village zone. If enacted, the amendment would apply countywide and could determine the outcome of ongoing litigation over the store’s approval.
Danielle Durning, a lifelong Cascade resident whose home borders the proposed site, has emerged as a central figure in the opposition. She described the amendment as the group’s strongest option for long-term protection.
“That is, I think, our best way to protect our community because ZTA has an emphasis on protecting the historic site of Fort Ritchie within the 1000 feet,” Durning said. “It’s not just about Dollar General; it’s any of those large box stores that could possibly want to come in. We’re trying to protect that area.”
The proposed DG Market, a 12,480-square-foot store sought by Outdoor Contractors Inc., would be located directly across from Fort Ritchie’s second gate. Critics argue it would undermine the area’s rural character, increase traffic and light pollution, and draw business away from local establishments in a low-income community already served by nearby stores.
Durning, who first alerted neighbors to the proposal more than three years ago, expressed concern about the broader impacts on existing businesses, especially those part of the popular revitalization project for Fort Ritchie, which will include many home-grown businesses.
“I think it would have a negative impact,” she said. “I would hate to see a Dollar General come in and take business from these hard-working local businesses.”
Efforts to advance the zoning amendment hit a roadblock earlier this year. In July, Durning submitted an initial version, only to have it rejected as too broad. A revised, narrower proposal submitted in October was quickly dismissed at County Attorney Zachary J. Kieffer’s recommendation. Before being appointed county attorney, he represented Outdoor Contractors in a 2022 zoning hearing.
Residents highlighted the potential conflict of interest at a Nov. 16 community meeting held at Top Secret Taproom in Fort Ritchie. Many expressed frustrations over the lack of response to inquiries and questioned whether the county commissioners were receiving impartial legal guidance.
Following the meeting and subsequent media attention, the county recused Kiefer from the matter. Deputy County Attorney Rosalinda Pascual informed LocalNews1 of the change on Dec. 9, and stated she would be assigned to the case in the future.
“The appearance of a conflict of interest was raised regarding Mr. Kieffer; thus, I as the Deputy County Attorney, am directing legal work and processing communications regarding Cascade Dollar General and related Zoning Text Amendment requests,” Pascual said.
She added that “the county will not initiate internally any related Zoning Text Amendment request at this time due to ongoing litigation,” referring to earlier legal action. She noted, though, that members of the public are welcome to initiate the request externally by completing a ZTA application.
Durning acknowledged the recusal but said it came after key decisions had been shaped. “They removed [Mr. Kieffer] but it’s a little too late,” she said. “He’s already influenced the commissioners to say we’re not going to introduce this.”
Because of the pending litigation, the county will not introduce the ZTA itself, leaving residents to file it externally at a cost of more than $2,000, a process Durning said was not revealed during months of earlier outreach.
“They never told me about this process” until after public pressure mounted, she said. Despite the setback, the committee intends to raise the funds and submit the amendment. “We will have to raise this $2,000 filing fee,” Durning said.
Parallel to the zoning effort, the group remains hopeful about a separate track in the courts. Appeals from both sides are pending before the Maryland Appellate Court, with oral arguments scheduled for early 2026. The case stems from a 2023 county Circuit Court ruling that sided with residents, finding no adequate justification for the notable exception needed for the store.
Michele Rosenfeld, the committee’s zoning attorney, has consistently argued that the proposal falls outside permitted uses in the Rural Village zone. Durning echoed optimism on this front. “Obviously, we hope that they rule in our favor and that they don’t allow this Dollar General.”
The years-long battle has had an unexpected silver lining, forging deeper bonds among neighbors. “I’ve lived here my whole life. It’s always been a close-knit community,” Durning said. “But it’s been really cool to see the community come together to oppose this. We’ve developed a stronger sense of solidarity.”
In a community where resources are limited, residents have raised more than $50,000 to cover legal fees and other costs, an achievement Durning finds both remarkable and bittersweet. “That is not an easy task for a community like ours,” she said. “It makes me sick to think of all the good we could have done with that money versus fighting this Fortune 500 company.”
The committee is urging Washington County residents to contact commissioners in support of the amendment and is accepting donations here. Find updates on Facebook.
