Judge sends back Westbrook quarry agreement
Maine's business and consumer court has found problems with a deal intended to resolve tensions over Pike Industries blasting at its Westbrook quarry.
The Portland Press Herald reported that Chief Justice Thomas Humphrey ruled Tuesday that Pike's agreement with neighboring Idexx and the city conflicts with a municipal zoning ordinance approved in October. Humphrey found that the consent agreement and new zoning ordinance are in conflict, with each claiming precedence over the other. He also said he doubted whether the city can forever give up its authority over a piece of land through a consent agreement.
The paper reported that Pike can amend the consent agreement and submit it for a hearing next year.
Pike first reached an agreement with Idexx over its quarry blasting in 2010. Neighboring businesses Artel and Smiling Hill farm then challenged the terms of the pact.
In response to that complaint, a court ruling in June determined that the city would have to include the terms of that agreement in a zoning ordinance or contract zone to enable the city to enforce those limitations.
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