KSJD Local Newscast - April 15, 2025

A legal battle between the Montezuma County commissioners and the Georgia-based corporation Leaf Properties is not over. On Thursday, District Court Judge Todd Plewe ordered the commissioners to hold another public hearing on a proposal for a Dollar General store at Highway 145 and County Road N. The commissioners denied a high-impact permit for the store on April 30, 2024, after a lengthy public hearing a week prior. Numerous local residents spoke at the hearing, voicing concerns about traffic safety, a lack of adequate water for firefighting, light pollution, harm to neighboring property values, and a possible increase in crime. The commissioners then voted 2 to 1 to reject the permit. Leaf Properties, which owns Dollar General, filed suit in May 2024. In his order, Judge Plewe stated that because they did not issue a written decision as required by the county land-use code, the commissioners denied the plaintiff due process. Plewe also stated that the commissioners should have let the applicant review written materials presented to the board before the hearing. He declined to rule for now on the plaintiff’s claim that the county’s process for high-impact permits is unenforceable. Plewe noted that his order means the commissioners may deny the application a second time and could likely be sued once again. He wrote, “Due process and judicial restraint often requires patience and additional litigation.”