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December 15, 2010

Cos. file appeal over Pike-Idexx agreement

A legal battle over Pike Industries' operation of a quarry in Westbrook is still alive, after two interveners in the case decided to appeal last month's court decision.

Biopharmaceutical firm Artel and Smiling Hill Farm have both notified the Maine Business and Consumer Court that they will appeal the November order approving a consent agreement among Pike, the city of Westbrook and Idexx that allows the construction company to operate its contentious quarry with limitations, according to a press release. The companies argue that Judge Thomas Humphrey's approval "usurps zoning functions that are normally reserved for legislative bodies" like city planning boards.

Humphrey signed off on the agreement Pike and Idexx reached in August that allows Pike to conduct eight blasts per year at its quarry near the Five Star Industrial Park, while also meeting performance standards.

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