WESTBROOK – A slew of attorneys representing parties with stakes in the Westbrook dispute over the Pike Industries quarry presented their arguments to a judge on Tuesday.

No new ground was covered as attorneys for Pike, Westbrook, Artel Inc. and Smiling Hill Farm outlined their stances for Superior Court Justice Thomas Humphrey during a hearing in Cumberland County Superior Court.

Humphrey is considering a consent agreement between Westbrook and Pike that would allow the company to continue operations at its quarry on Spring Street with certain restrictions on noise, dust and other community hindrances.

The settlement aims to resolve without a trial a lawsuit Pike filed against the city arguing its right to operate the quarry is grandfathered, since quarrying had gone on at the site since 1968. Pike’s agreement with Westbrook would not allow the company to add an asphalt or concrete plant, as the company had originally desired.

If the case went to trial, it is possible the end result could allow Pike to operate with no restrictions at all.

Idexx Laboratories, a biotechnology firm near the quarry and an intervener in the case, was involved in crafting the settlement. However, two other interveners, Artel and Smiling Hill Farm, argue they were shut out of those discussions.

“There were closed-door meetings,” said attorney David Bertoni for Artel. “Council meetings were scheduled at the drop of a hat.”

Sigmund Schutz, the attorney representing Pike, claimed there were more than 40 public hearings throughout the process. He said restrictions on Pike are more than adequate.

“This would be the most tightly regulated quarry in Maine, New England and perhaps beyond,” he said.

Opponents to the settlement argue the judge should not be allowed to decide the matter because that would violate the separation of judicial and legislative powers outlined in the Maine Constitution.

Bertoni argued that the settlement includes provisions, such as the construction of a new road, that go beyond past use at the site. He also suggested the city is walking away from its own ordinances by agreeing to settle.

“It looks like zoning, it smells like zoning and I would argue that it is,” he said. “We believe it’s a contract rezoning process being done judicially.”

Schutz said the agreement does not amount to a judicial rezoning order, but is simply a settlement of a lawsuit that deals with Pike’s equitable claims.

“No body of the city has the authority to consider the equitable claims presented by Pike,” he said.

One attorney who was not permitted to speak during the hearing was David Lourie. He is representing residents of the Birdland neighborhood of Westbrook. The residents are also suing the city over the consent agreement.

He said after the hearing that the Birdland lawsuit would likely be moot if the judge denies the settlement and Pike has to go through the regular zoning process. He said he would continue to fight if Humphrey accepts the settlement.

“The bottom line is they cannot cut a deal through the courts,” he said.

Lourie expressed a “high degree of confidence” Humphrey will deny the settlement. He said the case could set precedent and lead to more lawsuits against cities if the settlement goes through.

Natalie Burns, an attorney for the city, said in contrast she is optimistic the judge will accept the agreement. She said settlements are common in these cases and a denial would mean every land use matter would have to go to trial.

It is not entirely clear when Humphrey will issue a decision, but those in attendance suggested it could be within the next month.