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April 7, 2010

Judge: Pike not exempt from zoning

By The Mainebiz News Staff

A superior court judge affirmed the Westbrook's Zoning Board of Appeals ruling that Pike Industries' quarrying operation in the Five Star Industrial Park is not exempt from zoning changes the city council may approve this spring.

The ruling by Superior Court Justice Thomas Humphrey upholds the board's decision that Pike would not be grandfathered if the city opts to make zoning changes, a decision Pike appealed, according to the Portland Press Herald. In a response to the ruling, Pike said the court failed to address the company's rights under "various equitable (or fairness) doctrines." Pike is arguing that it should be exempt from zoning changes since it, and its predecessor Blue Rock, have been operating the quarry since 1968 and since the city issued permits to allow blasting and construction at the site, according to a press release from Preti Flaherty, which represents Pike. The court is expected to rule on Pike's equity claims later this year, according to the paper.

The court ruling represents the latest development in the two-year dispute between Idexx Laboratories, which yesterday announced plans for a $50 million expansion of its corporate offices at the industrial park, and Pike Industries, which wants to use the Spring Street Quarry that is adjacent to the park.

Go to the article from the Portland Press Herald >>

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