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A criminal trespass case against Smiling Hill Farm owner Warren Knight has been dismissed.

The charge stemmed from an incident in September 2013, when Knight was arrested while attempting to view a Pike Industries blasting project.

The Cumberland County District Attorney’s Office dismissed the complaint last week as “prosecutorial discretion.”

On Tuesday, Knight issued a press release announcing the dismissal.

“The district attorney’s office has wisely used both their discretion and taxpayer resources and dismissed the case of criminal trespass against Mr. Knight,” he wrote.

Knight has long opposed the process that eventually gave Pike Industries’ approval to begin blasting at its gravel pit, which abuts Smiling Hill Farm.

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Knight was arrested Sept. 28, 2013, “for standing on a portion of a Central Maine Power right-of-way to which Smiling Hill Farm had a history of continuous use and deeded rights of access,” Knight said in his release. “At no time was Mr. Knight on any property owned by Pike Industries.”

Westbrook Police Capt. Tom Roth said after the incident that Pike Industries called police about Knight, but the area where Knight was standing made it difficult for the officers to determine whose property he was on. Roth said an attorney for Central Maine Power contacted police on and sent a surveyor to the wooded area where Knight was standing the following day to verify the property belonged to Central Maine Power. Knight said he was back out on the property at 8 a.m. the next day for the rescheduled blast. Police were able to determine Knight was on CMP property and arrested him for criminal trespassing, said Roth.

“Officers went out there and told him [Knight] to leave the property. He refused to and he was arrested. He was cooperative,” Roth said.

Smiling Hill Farm and Pike have been at odds over quarry operations since the site became operational again in 2008. At that time, the farm, Idexx Laboratories and Artel, all abutters to the site, banned together to try and stop blasting at the quarry. Idexx reached an agreement that gave it more than a 100-foot vegetative buffer between the two properties. Smiling Hill Farm received a 20-foot vegetative buffer between its open land and the quarry.

In the press release, Knight said, “Agricultural land deserves the same buffering and protection as any other type of land use.”

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