Smiling Hill Farm denied appeal over Westbrook quarry
Smiling Hill Farm in Westbrook vowed that it will continue to seek a larger buffer zone between its land and Pike Industries’ adjacent quarry after losing an appeal in Maine’s highest court.
The Portland Press Herald reported that Smiling Hill lost its appeal to require a larger buffer zone between the two properties after the Maine Supreme Judicial Court approved a consent decree that places noise and vibration limits, among other restrictions, on Pike’s quarry.
The agreement was originally reached with Idexx Labaratories, another neighboring business, but it did not contain a stipulation to include the larger buffer zone sought by Smiling Hill Farm. The farm has previously argued that its current buffer zone with Pike is smaller than other neighboring businesses. Smiling Hills President Warren Knight said he plans to use the court’s new decision to lobby for a larger buffer zone through the city of Westbrook.
Sigmund Schutz, an attorney representing Pike, told the Press Herald that a larger buffer zone would essentially force “the quarry to close.” Tony Buxton, another attorney at Preti Flaherty, said the court’s ruling shows that the “battle is over.”
Westbrook City Administrator Jerre Brant told the newspaper that the court’s ruling this week confirms that Pike’s “quarry operations are compatible with their neighboring businesses.” He said he hopes this will “give final closure on this matter.”
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