The latest blow to a controversial plan for a Dollar General in Dolores came Tuesday morning when the Montezuma Board of County Commissioners voted 2-1 to deny a high-impact permit application for the proposed store.
The vote follows a review process, public opposition and a previous lawsuit filed by the developer against the county. Locals attending the meeting who had repeatedly voiced their opposition to the store erupted in applause after the vote.
Commissioner Kent Lindsay, who voted with Commissioner Gerald Koppenhafer against the Dollar General, pointed to traffic concerns, fire safety and the appearance of the store as reasons behind their vote. Commissioner Jim Candelaria voted against denying the permit.
The board’s decision does not mean the fight is over.
Douglas Kinsey, the developer behind the proposed Dollar General, situated at an intersection of Colorado Highway 145 and County Road N, said he was “very likely” to take his case back to court.
When asked by The Journal if he was prepared for a long-winded litigation, Kinsey, CEO of Georgia-based Leaf Properties, said, “As long as it takes.”
Despite public outcry, Kinsey has put up a persistent fight to get his Dollar General built.
Back in April 2024, the 3.78-acre development had been shot down unanimously by the county Planning & Zoning Commission, then by the commissioners’ 2-1 vote.
At that time, numerous residents voiced their opposition to the plans, citing potential impacts of traffic safety, light pollution and property values.
The following May, Leaf Properties filed suit in 22nd Judicial District Court against the county and commissioners, alleging that when the board voted against approving the development, it had failed to provide competent evidence for their decision. The suit also alleged that the commissioners denied the developer due process.
A judge ultimately pushed the decision back down to the county, ordering the commissioners to release a decision on the permit that included written findings.
During a nearly three-hour hearing before the commissioners on June 24, Kinsey presented more evidence to show that his store was in compliance with the county’s code, going so far as to invite in a land appraiser and a traffic safety consultant over video call.
While Kinsey said at that time that his development was up to code and would not adversely impact the community, many locals said otherwise. Evidence submitted by Kinsey was made available for the public to review.
Thirteen speakers went to the lectern to voice their disapproval of the store during that hearing, with the recurring perspective that the Dollar General simply was not fit for the rural, farm-based community.
“A commercial retail chain box store does not align with the community’s desire to maintain beauty and rural character of this area,” Lindsay said Tuesday just before the board voted 2-1 to deny the permit.
In addition, there were worries about adverse impacts of fire and traffic safety, Lindsay said.
Plans were made to release a formal written decision two weeks from the hearing.
After the vote, locals gathered outside to talk over the decision.
“It's a happy day,” said one attendee of the hearing, Dawn Utrup.
“It doesn’t matter what codes they live up to or what paperwork they present, said another attendee, Colleen Edwards. “We don’t want it.”
“People here are proud of our area,” said Sheila Wheeler, also present for the hearing. “The open space and the agriculture.”
“They don’t want to see this kind of degradation.”
Developer Kinsey told The Journal he would be willing to have further dialogue with the community.
In contrast, three people present for the hearing who spoke to The Journal – Utrup, Edwards and Wheeler – said they were unwilling to engage in a sit down of that kind.
Wendy Watkins, a local who lives a half-mile from the proposed Dollar General, described her response to the day’s hearing as “delighted.”
“I’m concerned he’s gonna sue the county, but that’s another fight,” she said.
“This was a small victory. I’m not sure the war is won, but the battle has been won.”
