WESTBROOK – ?The legal battle over a controversial quarry on Westbook’s Spring Street is going to have to go another round.
On Tuesday, the Maine Business and Consumer Court ruled that a 2010 consent agreement between the city of Westbrook and Pike Industries is inconsistent with recently adopted zoning ordinances governing the quarry.
Chief Justice Thomas Humphrey said that there were several differences between the consent agreement and the zoning ordinances adopted in October, and those differences, which included provisions about measuring vibrations and noise levels at the quarry, are major enough to prevent him from giving his final approval to the agreement.
In his decision, Humphrey wrote that while the approval of the consent agreement is denied, Pike, Idexx and the city can choose to amend the consent agreement to confirm with the city’s zoning ordinances and bring it back to the court for review after the first of the year.
“We need to go back and correct the language,” Westbrook City Administrator Jerre Bryant said.
Pike has been at odds with neighbors to its quarry ever since the company began stepping up operations there, including seeking permission to conduct production blasting. The problem came to a head in 2009, when Idexx Laboratories, which also abuts the quarry property, threatened to cancel its plans to build a $50 million corporate headquarters on its own property.
That led to attorneys from Pike and Idexx, with the city acting as mediator, sitting down to work out an agreement through which the city would govern Pike’s operations at the quarry.
After a lengthy legal battle, a Cumberland County Superior Court judge granted preliminary approval to the agreement, but noted that guidelines for quarry operations, referred to as “performance standards,” were spelled out in the agreement, but would not be enforceable unless Westbrook’s zoning ordinances included similar language.
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