Fight Continues as Proposed Cascade Dollar General Sent Back to Zoning Board, Again

In October 2024, a Maryland court remanded a zoning decision regarding a proposed Dollar General store in Cascade to the local Board of Appeals. The court found that while the Board appropriately determined the store was functionally similar to a grocery store, further findings were necessary to ensure compliance with zoning regulations.

The proposed project, a Dollar General store identified as “DG Mart”, was previously approved by the Board of Appeals as a special exception for a grocery store. However, concerns were raised about whether the store might also fall under prohibited uses in the Rural Village zoning district. The court emphasized that under Washington County’s zoning ordinance, uses not expressly permitted in the Rural Village district are prohibited, and the Board must consider if any portion of the store’s operation includes such uses.

The court affirmed several of the Board’s findings, including its conclusion that the store’s retail offerings met the functional requirements of a grocery store. However, it held that the Board failed to address whether the store’s additional product lines, which include non-food items, might classify it as a prohibited use, such as a department or variety store, under the zoning ordinance.

“It is disturbing that the developer and his client, Dollar General, do not respect the community’s wishes,” stated Kennedy Smith from Institute for Local Self-Reliance (ILSR), “Residents have made it clear that they oppose this development in this location, and the County’s zoning code and comprehensive plan make it clear that this type of store is not a permitted use here. What does it say about a company that bullies its way into communities where it isn’t wanted?” ILSR provides information to the public on issues involving the harm that corporate power and corporate concentration cause to independently owned businesses and to strong, self-reliant local economies, and has recently taken an interest in the Cascade Dollar General case.

The ruling directs the Board of Appeals to either reopen the record or decide based on the existing record whether the store’s planned operations include prohibited uses. If prohibited uses are identified, the Board must either deny the application or impose conditions to remove those elements. If the store is found to comply with all zoning restrictions, the Board’s original approval will stand. A new hearing has not yet been scheduled.

Article by multiple RFHC contributors.

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